Gary Gerber v. David Varano
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
2Per curiam
Gary Lee Gerber, a Pennsylvania prisoner, appeals from the District Court’s order dismissing his 28 U.S.C. § 2254 ha-beas corpus petition as unexhausted. For the following reasons, we will vacate the District Court’s order and remand for further proceedings.
I
Following a jury trial, Gary Lee “Muffin” Gerber was found guilty on April 23, 2008, in the Court of Common Pleas of Luzerne County on reeeiving-stolen-prop-erty and conspiracy charges. He was sen tenced to a net maximum term of six years of incarceration. Gerber pursued a direct appeal, which was discontinued in September 2008 and…
3Cases cited19 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Rhines v. WeberSupreme Court of the United States · 2005
- Gonzalez v. ThalerSupreme Court of the United States · 2012
- Pabon v. MahanoyCourt of Appeals for the Third Circuit · 2011
- Murray v. BledsoeCourt of Appeals for the Third Circuit · 2011
14 more not listed; retrieve them via the Exa API.
4Cited by26 opinions
- Lamone Lauderdale-El v. Indiana Parole BoardCourt of Appeals for the Seventh Circuit · 2022
- ARISTE v. DAVISDistrict Court, D. New Jersey · 2020
- ATKINS v. WARDEN OF HUDSON COUNTY REHABILITATION CENTERDistrict Court, D. New Jersey · 2023
- Capriotti v. Warden of SCI-Camp HillDistrict Court, M.D. Pennsylvania · 2024
- Cephas v. MayDistrict Court, D. Delaware · 2023
21 more not listed; retrieve them via the Exa API.