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Mathias v. Collins

United States District Court, E.D. Pennsylvania

November 5, 2014

DAVID MATHIAS,
v.
ROBERT COLLINS, et al.

ORDER

HARVEY BARTLE, III, District Judge.

AND NOW, this 5th day of November, 2014, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

(1) the August 26, 2014 Report and Recommendation of the Magistrate Judge (Doc. # 14) is ADOPTED except as it relates to the conviction and incarceration of petitioner David Mathias for first-degree murder;

(2) the Report and Recommendation is NOT ADOPTED as it relates to the conviction and incarceration of petitioner David Mathias for first-degree murder;

(3) the habeas corpus petition of David Mathias under 28 U.S.C. ยง 2254 is GRANTED only as to his conviction and incarceration for first-degree murder arising out of Criminal Action Number CP-51-CR-0808071-2005 in the Court of Common Pleas of Philadelphia County, Pennsylvania;

(4) unless the Commonwealth retries petitioner David Mathias within six months of the date of this order, he is released from custody on his sentence for first-degree murder only;

(5) this order has no effect on his incarceration for any sentence other than his sentence for first-degree murder; and

(6) no certificate of appealability is issued with respect to any matter in the Magistrate Judge's Report and Recommendation which the court has adopted.


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