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08-2681 - SAID v. COMMONWEALTH OF PENNSYLVANIA et al


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08-2681 - SAID v. COMMONWEALTH OF PENNSYLVANIA et al
December 18, 2008
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ORDER AS FOLLOWS: THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE HENRY S. PERKIN DATED 10/31/08, IA APPROVED AND ADOPTED WITH THE CLARIFICATION THAT THE PETITION FOR WRIT OF ERROR CORAM NOBIS IS DENIED ON 2 GROUNDS - THE WRIT OF CORAM NOBIS IS ONLY AVAILABLE IN FEDERAL COURT FOR INDIVIDUALS CONVICTED IN FEDERAL COURT, AND, BECAUSE PETITIONER IS ON PROBATION AND IS THEREFORE TREATED FOR PURPOSES OF THE WRIT OF CORAM NOBIS AS "IN CUSTODY," THE WRIT IS UNAVAILABLE TO HIM; PETITIONER SAID'S OBJECTIONS TO THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE THOMAS S. PERKIN ARE OVERRULED; THE PRO SE PETITION FOR WRIT OF ERROR CORAM NOBIS IS DISMISSED, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/18/08. 12/19/08 ENTERED AND COPIES MAILED AND E-MAILED.(fb)