VICKERS v. WENEROWICZ et al, No. 2:2015cv00432 - Document 30 (W.D. Pa. 2015)

Court Description: MEMORANDUM OPINION & ORDER setting release hearing for Dec. 1, 2015 unless the petitioner is retried prior to that date. Signed by Magistrate Judge Robert C. Mitchell on 10/02/2015. (Mitchell, Robert)

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VICKERS v. WENEROWICZ et al Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GEORGE T. VICKERS, JR., JD-4279, Petitioner, v. MICHAEL WENEROWICZ, et al., Respondents. ) ) ) ) ) ) ) 2:15-432 MEMORANDUM and ORDER Mitchell, M.J. George T. Vickers, Jr. an inmate at the State Correctional Institution at Graterford has presented a petition for a writ of habeas corpus. The respondents filed a motion to dismiss on May 22, 2015 and on June 17, 2015 the motion was denied. Pursuant to Rule 12(a)(4), F.R.Civ.P. respondents' answer to the petition was due by July 1, 2015. When no answer was forthcoming, we directed the respondent to show cause, if any, why the relief sought should not be granted as being unopposed. Again no response was filed and on August 31, 2015 we ordered that the writ be granted and the petitioner be discharged from custody unless he is retried within ninety (90) days. Over a month has passed and the District Attorney has not submitted any documents regarding the future of Vickers' prosecution. In light of the past lack of responses and out of an abundance of caution we will schedule the matter for a release hearing unless the petitioner is retried within the time frame previously established. An appropriate Order will be entered. 1 Dockets.Justia.com ORDER AND NOW, this 2nd day of October, 2015, unless the petitioner is retried prior to that time, a hearing is scheduled before the undersigned on December 1, 2015 at 10:00 A.M. in Courtroom 9B, United States Courthouse, 700 Grant Street, Pittsburgh, PA 15219, to show cause if any why he should not immediately be released from custody, AND IT IS FURTHER ORDERED, that the Warden of the State Correctional Institution at Graterford, the District Attorney of Washington County, Pennsylvania, and the Attorney General of the Commonwealth of Pennsylvania produce the named detainee for that hearing. All expenses to be borne by the Commonwealth of Pennsylvania. s/ Robert C. Mitchell United States Magistrate Judge Cc: Warden, SCI Graterford Attorney General of Pennsylvania United States Marshal 2

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