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Christian S. Thomas v. Commonwealth of Pennsylvania

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


December 21, 2012

CHRISTIAN S. THOMAS, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER AND NOW, this 21st day of December 2012, upon careful and independent consideration of the Petition for Writ of Habeas Corpus [Doc. No. 6] and Petitioner's Supplemental Brief, all responses thereto, the state court record, and upon review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice [Doc. No. 25], to which Plaintiff objected on one ground, and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED that:

1. The Report and Recommendation [Doc. No. 25] is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus is GRANTED;

3. This matter is REMANDED to the Court of Common Pleas of Lancaster County, where Petitioner's sentences, imposed on May 28, 2002 and June 6, 2003, shall be VACATED and, within 180 days of the date of this Order, Petitioner shall be resentenced consistent with this opinion and Graham v. Florida;*fn1

4. There is no probable cause to issue a certificate of appealability; and

5. The Clerk of Court is DIRECTED to mark this case CLOSED. IT IS SO ORDERED.

BY THE COURT:

Cynthia M. Rufe


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