MARRERO v. COLEMAN et al

Filing 7

ORDER THAT UPON CAREFUL CONSIDERATION OF THE PETITION FOR A WRIT OF HABEAS CORPUS, AND AFTER REVIEW OF THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE TIMOTHY R. RICE, IT IS ORDERED THAT THE REPORT AND RECOMMENDATION IS ADOPTED. PETITIONER'S P ETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE PENDING THE CONCLUSION OF SONGSTER V. SEC. PA. DEP'T OF CORRECTIONS, C.A.NO.12-3941, AND ANY FURTHER APPEAL. PETITIONER SHALL RETURN TO THIS COURT WITHIN THIRTY DAYS FOLLOWING TH E FINAL APPELLATE DECISION IN SONGSTER. IF PETITIONER DOES NOT RETURN TO FEDERAL COURT WITHIN THAT TIME, THIS STAY AND ABEYANCE ORDER WILL BE VACATED AND HIS PETITION WILL BE DENIED WITHOUT PREJUDICE. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/4/15. 11/4/15 ENTERED AND COPIES E-MAILED.(gs)

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

TRACY HECTOR MARRERO
Petitioner,
v.
BRIAN COLEMAN et al.,
Respondents.

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CIVIL ACTION
No. 14-6231

ORDER
This 4th day of November, 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, 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 conclusion of Songster v. Sec. Pa. Dep’t of Corrections,
C.A. No. 12-3941, and any further appeal.
3. Petitioner shall return to this Court within thirty days following the final appellate
decision in Songster. If Petitioner does not return to federal court within that time,
this stay and abeyance order will be vacated and his petition will be denied without
prejudice.
4. There is no probable cause to issue a certificate of appealability.

/s/ Gerald Austin McHugh
United States District Court Judge