AUSTIN v. KERESTES et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATIONS IS APPOVED AND ADOPTED; PETITIONER'S MOTION REQUESTING THE DISTRICT COURT HOLD IN ABEYANCE IS GRANTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS PLACED IN SUSPENSE UNTIL THE CONCLUSION OF THE STATE POS T-CONVICTION PROCEEDINGS; PETITIONER SHALL RETURN TO FEDERAL COURT WITHIN THIRTY DAYS FOLLOSING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS, ETC; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 10/15/13. 10/17/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

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

CIVIL ACTION NO. 13-3436

STEVEN AUSTIN,
Petitioner,

v.
SUPERINTENDENT KERESTES, et al.,
Defendants
ORDER
AND NOW,

this~ of October, 2013, after careful and independent

review of

the Report and Recommendation of United States Magistrate Judge M. Faith Angell, it is hereby
ORDERED as follows:

1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

Petitioner's Motion Requesting the District Court Hold in Abeyance or
Suspense Timely Filed Habeas Petition (Doc. 2) is GRANTED;

3.

The Petition for Writ of Habeas Corpus is placed in suspense until the
conclusion of the state post-conviction proceedings;

4.

Petitioner shall return to federal court within thirty (30) days following the
conclusion ofhis state court proceedings. lfPetitioner 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; and

5.

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

BY THE COURT: