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Queer v. Britton

United States District Court, Third Circuit

January 8, 2014

DONALD W. QUEER, Petitioner,
v.
RANDALL E. BRITTON, Superintendent, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, and THE DISTRICT ATTORNEY OF THE COUNTY OF WESTMORELAND, Respondents.

ORDER

LISA PUPO LENIHAN, Chief Magistrate Judge.

AND NOW, this 8th day of January 2014, upon consideration of the petition for writ of habeas corpus and all related submissions, and for the reasons stated in this Opinion, IT IS HEREBY ORDERED as follows:

1. The petition for writ of habeas corpus is CONDITIONALLY GRANTED;

2. Petitioner shall be released from custody UNLESS, within sixty-days after the date of this Order, the District Attorney for Westmoreland County files, in the appropriate court, a petition on behalf of the Commonwealth of Pennsylvania to reinstate Petitioner's direct appeal rights nunc pro tunc for consideration on the merits and that his appeal rights are in fact reinstated within that time;

3. If Respondents desire to appeal this Order then they must file a separate application for supersedeas;

4. A certificate of appealability as to Petitioner's other claims is DENIED; and

5. The Clerk of Court shall mark this case CLOSED.


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