CASTRO v. WETZEL et al

Filing 9

ORDER THAT: THE REPORT AND RECOMMENDATION 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 UNTIL THE CONCLUSION OF THE STATE POST-CONVICTION PROCEEDINGS, ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 1/6/14. 1/8/14 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANIEL CASTRO
[DV-3498]

CIVIL ACTION

v.
JOHN E. WETZEL, et al.

NO.

13-3273

ORDER
AND NOW, this

b

;S--dayof

upon consideration of the pleadings and the recor

'2014,
ter review of the Report and

Recommendation of M. Faith Angell, United States Magistrate Judge, it is hereby ORDERED
that:
1.

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.

Castro 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 appea ability.

J.
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