MASON v. WETZEL et al
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 PETITIONER'S STATE COURT PROCEEDINGS. WITHIN THIRTY DAYS FOLLOWING THE CONCLU SION OF HIS STATE COURT PROCEEDINGS, PETITIONER SHALL RETURN TO THIS COURT OR THIS STAY AND ABEYANCE ORDER WILL BE VACATED AND HIS PETITION WILL BE DISMISSED WITHOUT PREJUDICE, ETC. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 9/24/13. 9/25/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, ) Modified on 9/25/2013 (lvj, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN E. WETZEL, et al
AND NOW, this 24th day of September, 2013, upon consideration of the petition for
writ of habeas corpus, the respondents’ response, the Report and Recommendation of
United States Magistrate Judge Linda K. Caracappa, and after careful and independent
review of the record, it is ORDERED as follows:
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 petitioner’s state court proceedings.
Within thirty days following the conclusion of his state court proceedings,
petitioner shall return to this court or this stay and abeyance order will be vacated and his
petition will be dismissed without prejudice.
Within ten (10) days of the conclusion of the state court proceedings, the
parties shall file a notice with the clerk that the state court proceedings have concluded.
There is no basis for the issuance of a certificate of appealability.
/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.
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