BUNDAY v. WALSH et al

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF THE STATE COURT PROCEEDINGS. 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 THAT TIME, THIS STAY AND ABEYANCE ORDER WILL BE VACATED AND HIS PETITION WILL BE DENIED WITHOUT PREJUDICE. THERE IS NO CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/2/13. 10/2/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

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

CIVIL ACTION

NATHANIEL BUNDAY,
Petitioner,

v.

No. 13-3437

JEROME WALSH, et al.,
Respondents.
ORDER
LEGROME D. DAVIS, J.

AND NOW, this

1..)

day of

0~~ 2013, upon careful and independent

consideration of the petition for a writ of habeas corpus, and after review of the Report and
Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. Petitioner's petition for a writ ofhabeas corpus is STAYED and held in ABEYANCE
until the conclusion of Petitioner's state court proceedings.
3. Petitioner shall return to federal court within thirty 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 denied
without prejudice.
4. There is no probable cause to issue a certificate of appealability.
8Y THE_COURT:

LEGROME D. DAVIS
U.S. DISTRICT COURT JUDGE

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