HERNANDEZ v. FOLINO

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS PLACED IN SUSPENSE UNTIL THE CONCLUSION OF HERNANDEZ'S STATE APPELLATE PROCEEDINGS; AND PETITIONER AND RESPONDENTS SHALL NOTIFY THE COU RT WITHIN THIRTY DAYS OF THE CONCLUSION OF THE STATE APPELLATE PROCEEDINGS IN HIS CASE SO THAT THE HABEAS PETITION MAY PROCEED IN THIS COURT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/30/14. 5/1/14 ENTERED AND COPIES MAILED TO THE PETITIONER AND EMAILED TO COUNSEL.(jaa, ) Modified on 5/1/2014 (jaa, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JONATHAN HERNANDEZ, Petitioner, CIVIL ACTION v. LOUIS S. FOLINO, et al., Respondents. NO. 13-3515 ~ORDER AND NOW, this ~ day of ~ , 2014, upon careful and independent consideration of the petition for a writ of habeas corpus, the response, the reply, and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The petition for a writ of habeas corpus is placed IN SUSPENSE until the conclusion of Hernandez's state appellate proceedings; and 3. Petitioner and Respondents SHALL NOTIFY the Court within thirty days of the conclusion of the state appellate proceedings in his case so that the habeas petition may proceed in this Court. BY THE COURT: ~~~~,R~ J.

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