Filed: Mar. 19, 2014
Latest Update: Mar. 19, 2014
Summary: ORDER HARVEY BARTLE, III, District Judge. AND NOW, this 19 th day of March, 2014, upon careful and independent consideration of the petition for a writ of habeas corpus and accompanying memorandum of law, the response, available state court records, Petitioner's "Objection to the Magistrate's Report and Recommendation" submitted on October 21, 2013 (Doc. No. 7), Petitioner's "Return Notice and Plead to Proceed with Petition for Writ of Habeas Corpus" submitted on November 15, 2013 (Doc. No.
Summary: ORDER HARVEY BARTLE, III, District Judge. AND NOW, this 19 th day of March, 2014, upon careful and independent consideration of the petition for a writ of habeas corpus and accompanying memorandum of law, the response, available state court records, Petitioner's "Objection to the Magistrate's Report and Recommendation" submitted on October 21, 2013 (Doc. No. 7), Petitioner's "Return Notice and Plead to Proceed with Petition for Writ of Habeas Corpus" submitted on November 15, 2013 (Doc. No. ..
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ORDER
HARVEY BARTLE, III, District Judge.
AND NOW, this 19th day of March, 2014, upon careful and independent consideration of the petition for a writ of habeas corpus and accompanying memorandum of law, the response, available state court records, Petitioner's "Objection to the Magistrate's Report and Recommendation" submitted on October 21, 2013 (Doc. No. 7), Petitioner's "Return Notice and Plead to Proceed with Petition for Writ of Habeas Corpus" submitted on November 15, 2013 (Doc. No. 9), the supplemental response (Doc. No. 12) and after review of the Report and Recommendation of October 8, 2013 (Doc. No. 6) and the Supplemental Report and Recommendation of February 21, 2014 (Doc. No. 13) of United States Magistrate Judge David R. Strawbridge, and it now appearing that a petition for certiorari was filed in Commonwealth v. Cunningham on February 26, 2014, it is ORDERED that:
1. The Supplemental Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus SHALL REMAIN IN SUSPENSE until the conclusion of McCullough's appellate proceedings; and
3. Petitioner and Respondents SHALL NOTIFY the Court within thirty days of the conclusion of McCullough's appellate proceedings so that the habeas petition may proceed in this Court.
