Thomas v. Tice

Full title: COMONTITI THOMAS, Petitioner, v. ERIC TICE, et al., Respondents.

Court: United States District Court, E.D. Pennsylvania

Date published: Aug 30, 2022

Civil Action 20-cv-4428 (E.D. Pa. Aug. 30, 2022)

Opinion

Civil Action 20-cv-4428

08-30-2022

COMONTITI THOMAS, Petitioner, v. ERIC TICE, et al., Respondents.

Gerald Austin McHugh United States District Judge

ORDER

Gerald Austin McHugh United States District Judge

This 29^th day of August, 2022, after careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, no objections having been filed, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The petition for a writ for habeas corpus filed pursuant to 28 U.S.C. § 2254 is GRANTED with respect to Petitioner's third claim unless the Commonwealth reinstates Petitioner's right of first appeal within 45 days.

3. The petition is DENIED with respect to Petitioner's first, second, and fourth claims.

4. There is no basis for the issuance of a certificate of appealability.