LEKKA v. KERESTES et al

Filing 6

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 LEGROME D. DAVIS ON 11/20/13. 11/21/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

.101 IN LEKKA,
Petitioner.

JOHN W. KERESTES, ct al.
Respondents.

NO.

13-3726

OIIDER
LEG ROME D. DAVIS, J.

__,

'1.. 0 !:::-d
),.\.)J.
AND NOW, tlus ____ ay 0 f _,'\l~

2013. upon care f uI i 'In depcn dcnt
ane

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

The RepOit and Recommendation is APPROVED and ADOPTED.

11.

The petition for Writ of Habeas Corpus is STA YED and held in
ABEY ANCE until thc conclusion of petitioncr's state court proceedings.

111.

Petitioner shall notify this federal court within forty-five (45) days
following the conclusion of his state court proceedings. If petitioner does
not retum 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 pr~iudice.

iv.

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

v.

The Clerk of the Court shall mark tills case closed tor statistical purposes.

BY THE COURT:
lsI I ;egrome D. n~vis

ENTERED
NOV L 1 2013
CLERK OF COURt

LEGROME D. DAVIS. J.