TAYLOR v. CAMERON
Filing
38
ORDER THAT THE REPORT IS APPROVED AND ADOPTED; PETITIONER'S MOTION FOR STAY AND ABEYANCE IS GRANTED AND THE CLERK SHALL PLACE THIS MATTER IN CIVIL SUSPENSE AND SHALL MARK THIS CASE AS CLOSED FOR STATISTICAL PURPOSES ETC. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/13/15. 3/17/15 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, ) Modified on 3/17/2015 (jaa, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEVIN TAYLOR,
Petitioner,
v.
KENNETH CAMERON, et al.,
Respondents.
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Civ. No. 13-1262
ORDER
Magistrate Judge Perkin has recommended that I grant Petitioner’s Motion
for Stay and Abeyance. (Doc. Nos. 32, 35.) Respondents did not oppose the
request for relief (Doc. No. 33), and neither Party has filed any objections to the
Report. Accordingly, I will grant Petitioner’s Motion and stay these proceedings
pending the conclusion of Petitioner’s state postconviction proceedings.
AND NOW, this 13th day of March 2015, upon consideration of the Petition
for Writ of Habeas Corpus (Doc. No. 3), the Motion for Stay and Abeyance (Doc.
No. 32), Respondent’s Response (Doc. No. 33), and after review of the Report and
Recommendation (Doc. No. 35), it is hereby ORDERED that:
1. The Report (Doc. No. 35) is APPROVED and ADOPTED, the
Petition will be held in abeyance pending exhaustion of state remedies, and
Petitioner shall exhaust all claims in state court;
2. Petitioner’s Motion for Stay and Abeyance (Doc. No. 32) is
GRANTED;
3. The Clerk shall place this matter in CIVIL SUSPENSE and shall
mark this case as CLOSED for statistical purposes;
4. Within thirty days of the conclusion of the state court proceedings,
including any related appellate proceedings, Petitioner shall notify the Court that
those proceedings are concluded and the case is ready to proceed; and,
5. The record for the Case No. CP-51-CR-0010141-2007 shall be
returned to the state court for use in the state court proceedings.
AND IT IS SO ORDERED.
/s/ Paul S. Diamond
_________________________
Paul S. Diamond, J.
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