ROBINSON v. WETZELL et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR 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; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE ROBERT F. KELLY ON 2/19/14. 2/19/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE l{NITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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FEB 1a2e14

CIVIL ACTION

SHANNON ROBINSON,
Petitioner,

JOHN E. WETZEL, et al.
Respondents.

NO. 13-3435

ORDER
ROBERT F. KELLY, J.
AND NOW, this

11~y of ~I

,2014, upon careful and independent

consideration ofthe petition for Writ of Habeas Corpus, and after review of the Report and
Recommendation of United States Magistrate Judge Linda K. Caracappa, IT IS ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

11.

The petition for Writ of Habeas Corpus is STAYED and held in
ABEYANCE until the conclusion of petitioner's state court proceedings.

lll.

Petitioner shall notify this federal court within forty-five (45) days
following the conclusion of his state court proceedings. If petitioner does
not return to federal court within forty-five (45) days following the
conclusion of state proceedings, this stay and abeyance order is vacated and
his petition is dismissed without prejudice.

iv.

There is no probable cause to issue a certificate of appealability.

v.

The Clerk of the Court shall mark this case closed for statistical purposes.

BY THE COURT:

ENtERED
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CLERK Of COUm-

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ROBERT F. KELLY, J.