PEREZ v. VARANO et al
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S MOTION TO STAY HIS HABEAS PROCEEDINGS (DOC. NO.7) IS GRANTED. THIS COURT'S PREVIOIUS ORDERS ARE VACATED TO THE EXTENT THEY DENIED THE MOTION WITHOUT PREJUDICE. P ETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF THE PETITIONER'S STATE COURT PROCEEDINGS. 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 THIS STAY AND ABEYANCE ORDER IS VACATED AND HIS PETITION IS DENIED WITH PREJUDICE FOR THE REASONS SET FORTH IN THE 6/27/13 REPOFRT AND RECOMMENDATION OF UNITED SSTATES MAGISTRATE JUDGE TIMOTHY R. RICE. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILLITY. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/24/13. 7/24/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID A. VARANO, et al.,
MICHAEL M. BAYLSON, J.
AND NOW, this
dLf.fl. day of~
, 2013, upon careful and independent
consideration of the petition for a writ of habeas corpus, and after review of the Report and
Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. Petitioner's Motion to Stay his habeas proceedings (doc. 7) is GRANTED. This
court's previous orders are VACATED to the extent they denied the motion without prejudice.
3. Petitioner's petition for a writ of habeas corpus is STAYED and held in ABEYANCE
until the conclusion of Petitioner's state court proceedings.
4. Petitioner shall return to federal court within thirty days following the conclusion of
his state court proceedings. If Petitioner does not return to federal court within thirty days
following the conclusion of his state court proceedings, this stay and abeyance order is vacated
and his petition is denied with prejudice for the reasons set forth in the June 27, 2013 Report and
Recommendation of United States Magistrate Judge Timothy R. Rice.
5. There is no probable cause to issue a certificate of appealability.
BY THE COURT:
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