MONTGOMERY v. BURNS, 13-3659. (2014)
Court: District Court, E.D. Pennsylvania
Number: infdco20140514e53
Visitors: 14
Filed: May 13, 2014
Latest Update: May 13, 2014
Summary: ORDER PAUL S. DIAMOND, District Judge. AND NOW, this 12th day of May, 2014, upon consideration of the Report and Recommendation of Magistrate Judge Marilyn Heffley (Doc. No. 11), to which no objections have been filed, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is STAYED and HELD IN ABEYANCE while Petitioner's PCRA petition is pending in Pennsylvania courts; 3. Petitioner must notify t
Summary: ORDER PAUL S. DIAMOND, District Judge. AND NOW, this 12th day of May, 2014, upon consideration of the Report and Recommendation of Magistrate Judge Marilyn Heffley (Doc. No. 11), to which no objections have been filed, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is STAYED and HELD IN ABEYANCE while Petitioner's PCRA petition is pending in Pennsylvania courts; 3. Petitioner must notify th..
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ORDER
PAUL S. DIAMOND, District Judge.
AND NOW, this 12th day of May, 2014, upon consideration of the Report and Recommendation of Magistrate Judge Marilyn Heffley (Doc. No. 11), to which no objections have been filed, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is STAYED and HELD IN ABEYANCE while Petitioner's PCRA petition is pending in Pennsylvania courts;
3. Petitioner must notify this Court of his intent to proceed with his federal habeas Petition within thirty (30) days of the date his PCRA appeal is no longer pending to avoid dismissal of this Petition.
4. There are no grounds to issue a certificate of appealability; and
5. The Clerk of Court shall mark this case dosed for statistical purposes.
AND IT IS SO ORDERED.
Source: Leagle
