WATTS v. BURNS et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED. THE MOTION TO STAY FEDERAL PROCEEDINGS IS GRANTED. THE PETITIN FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSIION OF PETITIONER'S STATE COURT PROCEEDI NGS. PETITIONER SHALL NOTIFY THE COURT AND RESPONDENTS WITHIN45 DAYS, ETC. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/12/13. 8/13/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

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Case 2:13-cv-01314-MSG Document 8-1 Filed 07/26/13 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION DWAYNE WATTS, Petitioner, v. SUP'T DANIEL BURNS, et al. Respondents. NO. 13-1314 ORDER MITCHELL S. GOLDBERG, J. AND NOW, this I 'J...-1:1tvday of ~2013, upon careful and independent consideration of the petition for Writ of Habeas Corpus, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. n. The Motion to Stay Federal Proceedings (Doc. 4) is GRANTED. iii. The petition for Writ of Habeas Corpus (Doc. 1) is STAYED and held in ABBYANCE until the conclusion of petitioner's state court proceedings. iv. Petitioner shall notify the court and respondents within forty-five (45) days following the conclusion of state court proceedings to restart the instant federal proceedings. v. There is no probable cause to issue a certificate of appealability. vi. The Clerk of the Court shall mark this case closed for statistical purposes. BY THE COURT:

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