MARRERO v. COLEMAN et al

Filing 9

ORDER THAT UPON CAREFUL CONSIDERATION OF THE PETITION FOR A WRIT OF HABEAS CORPUS, AND REVIEW OF THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE TIMOTHY R. RICE, IT IS ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PETITIONER&# 039;S PETITION SHALL CONTINUE TO BE STAYED AND HELD IN ABEYANCE PENDING THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS. PETITIONER SHALL RETURN TO THIS COURT WITHIN 30 DAYS FOLLOWING THE CONCLUSION OF THE STATE COURT PROCEEDINGS. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE GERALD A. MCHUGH ON 5/9/16. 5/9/16 ENTERED AND COPIES E-MAILED.(gs)

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

TRACEY HECTOR MARRERO,

CIVIL ACTION

Petitioner,

v.
BRIAN COLEMAN, et al.,

No. 14-6231

Respondents.

FILED
MAY 0.-9 2016

ORDER

MICHAELE. KUNZ, Clerk
By
Dep. Clerk

HONORABLE GERALD A. MCHUGH, J.

AND NOW, this 9+-A

day of M

4

'1

, 2016, 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 shall continue to be STA YED and
held in ABEYANCE pending the conclusion of Petitioner's state court proceedings
on his petitions filed pursuant to the Pennsylvania Post-Conviction Relief Act.
3. Petitioner shall return to this Court within thirty days following the conclusion of his
state court proceedings. 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.
BY THE COURT:

A~ tl.·Ac.~./~
GERALD A. MCHUGH
U.S. DISTRICT COURT JUDGE