MENDEZ v. PATRICK et al

Filing 18

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION WILL BE HELD IN ABEYANCE PENDING EXHAUSTION OF STATE COURT REMEDIES, THIS CASE SHALL BE PALCED ON THE CIVIL SUSPENSE DOCKET AND PETITIONER SHALL EXHAUST ALL CLAIMS IN THE STATE COURT; WITHIN THIRTY(30) DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS PETITIONER'S COUNSEL SHALL NOTIFY THE COURT THAT THOSE PROCEEDINGS ARE CONCLUDED AND THIS CASE IS READY TO PROCEED IN THIS COURT AND THE RECORD FOR CASE NO. CP-51-CR-0707561-2002 SHALL BE RETURNED TO THE STATE COURT FOR USE IN THIER PROCEEDINGS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 2/2/15. 2/3/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION JOSE MENDEZ, Petitioner, NO. 13-6437 v. GEORGE PATRICK, et al., Respondents. ORDER AND NOW, this ~ ~-\ \) 5 day of~r, 201\ upon consideration of the Petition for Writ of Habeas Corpus, the Unopposed Motion to Stay filed by the Respondents, and after review of the Report and Recommendation ("R&R") of United States Magistrate Judge Henry S. Perkin dated October 29, 2014, IT IS HEREBY ORDERED that: 1. the R&R is APPROVED and ADOPTED, the Petition will be held in abeyance pending exhaustion of state remedies, this case shall be placed on the civil suspense docket and Petitioner shall exhaust all claims in state court; 2. within thirty days of the conclusion of the state court proceedings, including any appellate proceedings related thereto, Petitioner's counsel shall notify the Court that those proceedings are concluded and the case is ready to proceed in this Court; and 3. the record for case no. CP-51-CR-0707561-2002 shall be returned to the state court for use in the state court proceedings.

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