Williams v. Greene

Full title: EDDIE WILLIAMS, Petitioner, v. SUPERINTENDENT, SCI GREEN Respondent.

Court: United States District Court, Middle District of Pennsylvania

Date published: May 3, 2022

3:20-CV-908 (M.D. Pa. May. 3, 2022)

Opinion

3:20-CV-908

05-03-2022

EDDIE WILLIAMS, Petitioner, v. SUPERINTENDENT, SCI GREEN Respondent.

Robert D. Mariani, United States District Judge

Carlson, Magistrate Judge

ORDER

Robert D. Mariani, United States District Judge

AND NOW, THIS 3^rd OF MAY 2022, for the reasons set forth in this Court's accompanying Memorandum Opinion, upon de novo review of Magistrate Judge Carlson's Report and Recommendation (Doc. 30), Petitioner Williams' objections thereto (Doc. 36), Petitioner Williams' Petition for Writ of Habeas Corpus (Doc. 1) pursuant to 28 U.S.C. § 2254, and all other relevant documents, IT IS HEREBY ORDERED THAT:

1. Petitioner Williams' Petition for Writ of Habeas Corpus (Doc. 1) pursuant to 28 U.S.C. § 2254 is CONDITIONALLY GRANTED.

2. The Report and Recommendation (Doc. 30) is ADOPTED IN PART AND NOT ADOPTED IN PART for the reasons set forth in the accompanying Memorandum Opinion.

3. Petitioner Williams' conviction and sentence is VACATED.

4. The above-captioned action is REMANDED to the Court of Common Pleas of Lebanon County, Pennsylvania.

5. The Commonwealth shall retry Petitioner Williams within 120 days, or he shall be released from custody.

6. The Clerk of Court is directed to CLOSE the above-captioned action.