GARLAND v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 31

ORDER THAT THE ORDER DATED 10/7/15 IS VACATED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PLAINTIFF'S REQUEST TO WITHDRAW THE VOLUNTARY DISMISSAL OF THE HABEAS PETITION IS GRANTED; THE DEFENDANTS SHALL RESPOND TO PLAINTIFF'S HABEAS PETITION WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER AND ALL ISSUES SHALL BE PRESENTED TO UNITED STATES MAGISTRATE JUDGE M. FAITH ANGELL FOR A REPORT AND RECOMMENDATION ON THE MERITS. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 10/9/15. 10/9/15 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 KENDALL GARLAND, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, et al., Defendants. : : : : : : : : : : : CIVIL ACTION NO. 14-5329 ORDER AND NOW, this _9th_ day of October, 2015, upon consideration of Plaintiff’s Objections to the Report and Recommendation and Request to Withdraw Plaintiff’s Request for Stay of Proceedings (Doc. 23), the Defendant’s Response thereto (Doc. 28), and the Report and Recommendation of United States Magistrate Judge M. Faith Angell (Doc. 22), IT IS HEREBY ORDERED and DECREED as follows: 1. The Order dated October 7, 2015 is VACATED; 2. The Report and Recommendation is APPROVED AND ADOPTED; 3. The Plaintiff’s Request to withdraw the voluntary dismissal of the habeas petition is GRANTED; 4. The Defendant shall respond to Plaintiff’s habeas petition within thirty (30) days of the date of this Order; and 5. All issues shall be presented to United States Magistrate Judge M. Faith Angell for a Report and Recommendation on the merits. BY THE COURT: /s/ Petrese B. Tucker ________________________ Hon. Petrese B. Tucker, C.J.

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