United States District Court, W.D. Pennsylvania
September 27, 2005.
JOSEPH GEORGE NARA, Petitioner,
FREDERICK FRANK, et al. Respondents.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
Joseph George Nara's Petition for Writ of Habeas Corpus was
received by the Clerk of Court on January 4, 1999, and was
referred to United States Magistrate Judge Francis X. Caiazza for
a Report and Recommendation in accordance with the Magistrates
Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the
Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation, filed on
September 1, 2005, recommended that the Petition for Writ of
Habeas Corpus filed by Joseph George Nara be granted to the
extent that he be permitted to withdraw his guilty pleas.
Furthermore, it was recommended that the Commonwealth of
Pennsylvania be directed to commence trial within one-hundred and
twenty days measuring from the date of the entry of the
Memorandum Order. The parties were allowed ten (10) days from the
date of service to file objections. Service was made on the
Petitioner by First Class United States Mail and on the
Respondents. No objections have been filed. After review of the pleadings and documents in the case, together with the Report and
Recommendation, the following order is entered:
AND NOW, this 27th day of September, 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus filed by Joseph George Nara is GRANTED and that he be
permitted to withdraw his guilty pleas.
IT IS FURTHER ORDERED that the execution of the Writ of Habeas
Corpus is STAYED for one-hundred and twenty (120) days from the
date of this Order, during which time the Commonwealth of
Pennsylvania is directed to commence the trial of the Petitioner
Joseph George Nara. After 120 days, should the Commonwealth of
Pennsylvania not commence the trial of the Petitioner, the
Commonwealth shall release the Joseph George Nara from
custody.*fn1 If either party files an appeal of this
Memorandum Order to the United States Court of Appeals for the
Third Circuit, all provisions of this Order shall be STAYED
pending such appeal.
Finally, the Report and Recommendation of Magistrate Judge Francis X. Caiazza, dated September 1, 2005, is adopted as the
opinion of the District Court.
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