DUFFEY v. LEHMAN

No. 3:CV-94-1947.

880 F.Supp. 303 (1995)

Steven DUFFEY, Petitioner/Plaintiff, v. Joseph D. LEHMAN, Commissioner of the Pennsylvania Department of Corrections; William J. Love, Superintendent of the State Correctional Institution at Huntingdon; and Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Respondents/Defendants.

United States District Court, M.D. Pennsylvania.

February 21, 1995.


Attorney(s) appearing for the Case

Steven Duffey, Huntingdon, PA, Robert B. Dunham, Michael Wiseman, David Wycoff, Philadelphia, PA, for petitioner.

Michael Jude Barrasse, Edmund W.J. Zigmund, Asst. Dist. Atty., Scranton, PA, for respondents.

William P. O'Malley, Asst. Dist. Atty., Scranton, PA.

Jerome Thomas Foerster, Office of Atty. Gen., Harrisburg, PA.


MEMORANDUM

VANASKIE, District Judge.

The Commonwealth of Pennsylvania has moved for reconsideration of this Court's issuance of a "certificate of probable cause" ("CPC") incident to the denial of convicted murderer Steven Duffey's request for a stay of execution pending the preparation of a counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Congress has provided that "[a]n appeal may not be taken to the court of appeals from...

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