WALKER v. WETZEL

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED. RESPONDENT'S MOTION FOR PERMISSION TO FILE OUT OF TIME IS GRANTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS PLACED IN SUSPENSE, ETC. PETITIONER SHALL RETURN TO FEDERAL COURT IWT HIN THIRTY DAYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS, ETC. THERE IS NO PROBABE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE ROBERT F. KELLY ON 1/7/14. 1/8/14 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

Case 2:13-cv-03076-RK Document 9-1 Filed 12/13/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

CLINTON WALKER
[EC-4925]

v.
JOHN E. WETZEL, et al.

NO.

13-3076

ORDER

AND NOW, this

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day of

upon consideration of the pleadings and the record herein, and after re_view of the Report and
Recommendation ofM. Faith Angell, United States Magistrate Judge, it is hereby ORDERED
that:

l.

The Report and Recommendation is APPROVED AND ADOPTED.

2.

Respondent's Motion for Permission to File Out of Time [Document 7] is
GRANTED.
....

3.

The Petition for Writ of Habeas Corpus is placed in suspense until the
conclusion of the state post-conviction proceedings.

4.

Walker 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 that time, this stay and abeyance order will be vacated
and his petition will be dismissed without prejudice.
There is no probable cause to issue a certificate of appealability.

BY THE COURT:

ROBERT F. KELLY,

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