MITCHELL v. KERESTES et al
Filing
7
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS; PETITIONER SHALL RETURN TO FEDERAL COURT WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF HIS STATE COURT PROCEEDINGS. IF HE FAILS TO DO SO, THIS ORDER WILL BE VACATED AND HIS PETITION DISMISSED WITHOUT PREJUDICE. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/27/13. 8/27/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION
RAYMOND MITCHELL,
Petitioner,
v.
No. 13-3418 ยท
JOHN KERESTES, et al.,
Respondents.
FilED
AUG 2 7 2013
ORDER
AND NOW, this
day of August, 2013, upon careful consideration of the petition for
writ of habeas corpus, the Report and Recommendation of United States Magistrate Judge Jacob
P. Hart (Doc. No. 6), and after a thorough and independent review of the record, it is hereby
ORDERED that:
1.
The Report and Recommendation is APPROVED and ADOPTED.
2.
The Petition for Writ of Habeas Corpus is STAYED and held in ABEYANCE
until the conclusion Petitioner's state court proceedings.
3.
Mitchell shall return to federal court within thirty (30) days of the conclusion of
his state court proceedings. If he fails to do so, this Order will be vacated and his
Petition dismissed without prejudice.
4.
There is no probable cause to issue a certificate of appealability.
BY THE COURT:
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