NUNEZ v. WETZEL et al

Filing 6

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS; THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/19/14. 6/19/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL. (pr, ) Modified on 6/19/2014 (pr, ).

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

FERNANDO NUNEZ
v.

NO. 14-2192

JOHN E. WETZEL, et al.

ORDER

, 2014, upon careful and

AND NOW, this
independent consideration of the petition for writ
Report and Recommendation of United States

habeas corpus, and after review of the

agistrate Judge Jacob P. Hart, IT IS ORDERED

that:

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 Petitioner's state court proceedings.
3. Petitioner shall return to federal court within thirty days following the conclusion of
his state court proceedings. If he does not return to federal court within thirty days following the
conclusion of his state court proceedings, this stay and abeyance order is vacated and his petition
is dismissed without prejudice.
4. There is no basis for the issuance of a certificate of appealability.

ENTERED
JUN i 9 2014
CLERK OF COURT