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Joseph White v. Supt. Morisa Lamas

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


September 12, 2012

JOSEPH WHITE, PETITIONER,
v.
SUPT. MORISA LAMAS, ET AL. RESPONDENTS.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER AND NOW, this 12th day of September, 2012, upon consideration of Petitioner, Joseph White's ("White") Petition for Writ of Habeas Corpus ("Petition"), the memorandum in support thereof, the Response and Supplemental Response of the District Attorney's Office of Philadelphia, and after review of the Report and Recommendation ("R&R") of Magistrate Judge Thomas J. Rueter (Doc No. 40), it is hereby ORDERED that:

1. the R&R is APPROVED and ADOPTED;

2. Petitioner's Petition is GRANTED; and

3. the Superintendent of the State Correctional Institution at Forest, in Camp Hill, Pennsylvania, shall release Petitioner from custody should Petitioner not be re-sentenced by the state court within ninety (90) days of the date of this Order.

BY THE COURT:

Robert F. Kelly

20120912

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