BOYD v. WETZEL et al

Filing 8

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. WITHIN THIRTY (30) DAYS FOLLOWING THE CONCLUSIO N OF HIS STATE COURT PROCEEDINGS PETITIONER SHALL RETURN TO THE FEDERAL 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 PROCCEDINGS 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. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 10/22/13. 10/22/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VINCENT BOYD
v.
JOHN E. WETZEL, et al

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:
:
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:

CIVIL ACTION
NO.13-3577

ORDER

AND NOW, this 22nd day of October, 2013, upon consideration of the petition for
writ of habeas corpus, the respondents’ response, the Report and Recommendation of
United States Magistrate Judge Lynne A. Sitarski, and after careful and independent
review of the record, it is ORDERED as follows:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The petition for a writ of habeas corpus is STAYED and held in ABEYANCE

until the conclusion of Boyd's state court proceedings.
3.

Within thirty days following the conclusion of his state court proceedings,

Boyd shall return to this court or this stay and abeyance order will be vacated and his
petition will be dismissed without prejudice.
4.

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.
5.

There is no basis for the issuance of a certificate of appealability.

/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.