STROMBERG v. VARANO et al

Filing 16

ORDER THAT: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED AND THE PETITION WILL BE HELD IN ABEYANCE PENDING EXHAUSTION OF STATE REMEDIES; THE CASE SHALL BE PLACED ON THE CIVIL SUSPENSE DOCKET AND PETITIONER SHALL EXHAUST ALL CLAIMS IN STATE COURT; PETITIONER'S MOTION TO PLACE THE CASE IN SUSPENSE IS DISMISSED AS MOOT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/15/09. 5/18/09 ENTERED AND COPIES E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LARRY N. STROMBERG, Petitioner, ) ) ) CIVIL ACTION v. ) NO. 09-cv-401 ) THE DISTRICT ATTORNEY ) OF THE COUNTY OF BUCKS, et al. ) ) Respondents. ) ______________________________________________________________________________ ORDER AND NOW, this 15th day of May 2009, upon consideration of Petitioner's Motion to Place the Case in Suspense [Doc. No. 13],and the Report and Recommendation of United States Magistrate Judge Henry S. Perkin [Doc. No. 15] , it is hereby ORDERED that : 1. The Report and Recommendation is APPROVED and ADOPTED and the Petition will be held in abeyance pending exhaustion of state remedies; 2. The case shall be placed on the civil suspense docket and Petitioner shall exhaust all claims in state court; 3. Within thirty (30) days of the conclusion of the state proceedings, including any appellate proceedings related thereto, Petitioner shall notify the Court that those proceedings are concluded and the case is ready to proceed in this Court; 4. Petitioner's Motion to Place the Case in Suspense is DISMISSED AS MOOT. It is so ORDERED. BY THE COURT: s/Cynthia M. Rufe ________________________

CYNTHIA M. RUFE, J.