ALLEN v. WALSH et al

Filing 7

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF THE STATE APPELLANT PROEEDINGS; PETITIONER SHALL RETURN TO THE FEDERAL COURT WITHIN THIR TY (30) DAYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS. IF PETITIONER DOES NOT RETURN TO THE FEDERAL COURT WITHIN THIRTY (30) DAYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS THIS STAY AND ABEYANCE ORDER IS VACATED AND THE PETITION IS DISMISSED WITHOUT PREJUDICE AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 11/14/13. 11/14/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

KENNETH ALLEN,

CIVIL ACTION
Petitioner,

v.

NO. 13-3237

JEROME WALSH, et al.,
Respondents.

ORDER
AND NOW, this

loti>-

dayof

~

, 2013, upon

independent consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1) filed on June
10, 2013, the Response to the Petition (Doc. No.5) filed on October 4, 2013, and after review of
the Report and Recommendation ofUnited States Magistrate Judge HenryS. Perkin dated
October 10,2013, IT IS ORDERED that:
1. the Report and Recommendation is APPROVED and ADOPTED;
2. the Petition for a Writ of Habeas Corpus is STAYED and held in
ABEYANCE until the conclusion of Petitioner's state appellate proceedings;
3. 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 following the conclusion of his state court proceedings, this stay and abeyance
order is vacated and the Petition is dismissed without prejudice; and
4. there is no probable cause to issue a certificate of appealability.

BY THE COURT:

PETRESE B. TUCKER, C.J.