MCCLENTON v. MOONEY et al

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE THOMAS J. RUETER DATED DECEMBER 9, 2014, IS APPROVED AND ADOPTED; PETITIONER'S MOTION FOR STAY AND ABEY OF PROTECTIVE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED, AND T HIS HABEAS CORPUS ACTION IS STAYED AND HELD IN ABEYANCE UNTIL RESOLUTION OF THE PENDING RELATED STATE COURT PROCEEDINGS ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/9/15. 1/13/15 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL McCLENTON,
Petitioner,

CIVIL ACTION

v.
VINCENT T. MOONEY, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

NO. 14-5321

ORDER
AND NOW, this 9th day of January, 2015, upon consideration of the pleadings and the
record in this case, and after review of the Report and Recommendation of United States
Magistrate Judge Thomas J. Rueter dated December 9, 2014, there being no objection and good
cause appearing, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Thomas J.

Rueter dated December 9, 2014, is APPROVED and ADOPTED;
2.

Petitioner’s Motion for Stay and Abey of Protective Petition for Writ of Habeas

Corpus (Document No. 2) is GRANTED, and this habeas corpus action is STAYED and HELD
IN ABEYANCE until resolution of the pending related state court proceedings; and,
3.

Petitioner and respondents shall continue to monitor the state court proceedings

and jointly report to the Court (letter to Chambers, Room 12613, United States Courthouse, 601
Market Street, Philadelphia, Pennsylvania 19106) upon conclusion of the state court proceedings.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.