HARVEY v. FOLINO et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE PENDING RESOLUTION OF SONGSTER V. SEC. PA DEPT OF CORRECT. NO. C.A. 12-3941. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/16/15. 9/17/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

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

DERRICK HARVEY,
Petitioner,

:
:

v.

CIVIL ACTION
NO. 14-139

:
LOUIS FOLINO, et al.,
Respondents.

ORDER
AND NOW, this 16th day of September, 2015, 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 (Dkt No. 7), IT IS
ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

Petitioner’s petition for a writ of habeas corpus is STAYED and held in
ABEYANCE pending the resolution of Songster v. Sec. Pa. Dept. of Correct., No.
C.A. 12-3941.

3.

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

BY THE COURT:

/s/ CDJ
C. Darnell Jones, II

J.