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15-2161 - WRIGHT v. WENEROWICZ et al


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15-2161 - WRIGHT v. WENEROWICZ et al
July 11, 2016
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MEMORANDUM. AN APPROPRIATE ORDER FOLLOWS.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/11/16. 7/11/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, ) (VACATED IN PART PER ORDER #39)
July 11, 2016
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N FOR WRIT OF HABEAS CORPUS IS DENIED AS TO GROUNDS TWO, THREE, AND SIX. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AS TO CLAIMS FOUR AND FIVE. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE AS TO THE DSPOSITION OF GROUNDS TWO THROUGH SIX. THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/11/16. 7/11/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, ) (VACATED IN ORDER THAT PETITIONER'S OBJECTIONS AS TO GROUND ONE ARE SUSTAINED. PETITIONER'S OBJECTIONS ARE OVERRULED IN ALL OTHER RESPECTS. THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED AS TO GROUND ONE. PETITIONER'S CONVICTION AND SENTENCE FOR BURGLARY ARE VACATED. RESPONDENT IS DIRECTED TO RELEASE PETITIONER FROM THE CUSTODY RESULTING FROM THE JUDGMENT OF CONVICTION ON THE BURGLARY COUNT. THE REPORT AND RECOMMENDATION AS TO GROUNDS TWO THROUGH SIX IS APPROVED AND ADOPTED. THE PETITIOPART PER ORDER #39)