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Jamison v. Klem

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 28, 2009

PHILMINGO JAMISON, PETITIONER
v.
EDWARD KLEM AND DISTRICT ATTORNEY OF YORK COUNTY, PENNSYLVANIA, RESPONDENTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 28th day of April, 2009, upon consideration of the amended conditional writ of habeas corpus (Doc. 50) issued by the court on February 11, 2009, which instructed respondents to retry petitioner in the cases docketed at Nos. CP-67-CR-0004425-2000 ("No. 4425") and CP-67-CR-0004426-2000 ("No. 4426"), and upon further consideration of petitioner's pro se motion (Doc. 51)*fn1 for issuance of an absolute writ of habeas corpus, which states that respondents have failed to retry him in No. 4426 as required by the conditional writ, and it appearing that respondent was convicted in No. 4425 on April 15, 2009, (Doc. 53 ¶ 6 & app. B at 19-20), and that he entered a guilty plea in No. 4426 on April 17, 2009,*fn2 (Doc. 57 ¶ 8), and the court concluding that respondents have therefore complied with the provisions of the amended conditional writ (Doc. 50), it is hereby

ORDERED that petitioner's pro se motion (Doc. 51) for issuance of an absolute writ of habeas corpus is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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