Hubbard v. Ransom

Full title: AL-QUADIR HUBBARD, Petitioner v. KEVIN RANSOM, et al., Respondents

Court: United States District Court, Middle District of Pennsylvania

Date published: Mar 14, 2024

CIVIL 3:21-cv-1010 (M.D. Pa. Mar. 14, 2024)

Opinion

CIVIL 3:21-cv-1010

03-14-2024

AL-QUADIR HUBBARD, Petitioner v. KEVIN RANSOM, et al., Respondents

Robert D. Mariani, Judge

ORDER

Robert D. Mariani, Judge

AND NOW, this 13^th day of March, 2024, upon consideration of the petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2254, and in accordance with the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:

1. The petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2254 is GRANTED in part and DENIED in part.

2. Petitioner's first claim is CONDITIONALLY GRANTED. Execution of the writ of habeas corpus is STAYED for 120 days from the date of this Order, during which time the Commonwealth shall resentence Petitioner in accordance with the Pennsylvania Supreme Court's decision in Commonwealth v. Zuber, 466 Pa. 453, 353A.2d 441 (1976).

3. The Clerk of Court is directed to REMAND this matter to the Court of Common Pleas of Luzerne County for further proceedings consistent with the accompanying Memorandum.

4. Petitioner's second claim is DISMISSED.

5. There is no basis for the issuance of a certificate of appealability for claim two. See 28 U.S.C. § 2253(c).

6. The Clerk of Court is directed to CLOSE this case.