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GRIM v. BUSH, 13-4678. (2015)

Court: District Court, E.D. Pennsylvania Number: infdco20150318f97 Visitors: 20
Filed: Mar. 16, 2015
Latest Update: Mar. 16, 2015
Summary: ORDER JOEL H. SLOMSKY , District Judge . AND NOW, this 16 th day of March, 2015, upon independent consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), the Response to the Petition (Doc. No. 6), and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated February 27, 2015, IT IS ORDERED that: 1. the Report and Recommendation is APPROVED and ADOPTED; 2. the Petition for a Writ of Habeas Corpus is STAYED and held in
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ORDER

AND NOW, this 16th day of March, 2015, upon independent consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), the Response to the Petition (Doc. No. 6), and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated February 27, 2015, IT IS ORDERED that:

1. the Report and Recommendation is APPROVED and ADOPTED;

2. the Petition for a Writ of Habeas Corpus is STAYED and held in ABEYANCE until the conclusion of Petitioner's state appellate proceedings;

3. Petitioner shall return to federal court within thirty (30) days following the conclusion of his state court proceedings. If Petitioner does not return to federal court within thirty (30) days following the conclusion of his state court proceedings, this stay and abeyance order is vacated and the Petition is dismissed without prejudice; and

4. there is no probable cause to issue a certificate of appealability.

Source:  Leagle

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