FLYNN v. WETZEL et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 10/28/13. 10/28/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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

DONALD FLYNN,
Petitioner,

v.
,

JOHN E. WETZEL, et aI.,
Respondents.

No. 13·3212
ORDER

C. DARNELL JONES, J.

AND NOW, this

~tf~ day of tJ~, 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 petition for a writ of habeas corpus is STAYED and held in ABEYANCE
until the conclusion of Petitioner's state court proceedings.
3. 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 that time, this
stay and abeyance order will be vacated and his petition will be denied without prejUdice.
4. There is no probable cause to issue a certificate of appealability.

ENTERED

oel 281.0'3
CLERKOF COURT

.. '.