MCCLOUD v. OVERMYER et al

Filing 35

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; RESPONDENTS MOTION TO STAY PENDING HABEAS CORPUS ACTION (DOC. NO. 30) IS GRANTED; THE PETITION FOR HABEAS CORPUS (DOC. NO. 1) IS STAYED AND HELD IN ABEYANCE WHILE PETITIONER LITIGATES HIS PCRA PETITION IN THE STATE COURTS. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/4/18. 6/5/18 ENTERED AND COPIES E-MAILED.(jpd, )

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

MUSTAFA MCCLOUD,
CIVIL ACTION
NO. 14-6948

Plaintiff,
v.
M.D. OVERMYER, et al.,

Defendants.
ORDER

AND NOW, this 4th day of June 2018, upon consideration of the Petition for Writ of
Habeas Corpus (Doc. No. 1) and the Report and Recommendation filed by United States
Magistrate Judge Lynne A. Sitarski (Doc. No. 33), it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. Respondents’ Motion to Stay Pending Habeas Corpus Action (Doc. No. 30) is
GRANTED.
3. The Petition for Habeas Corpus (Doc. No. 1) is STAYED and HELD IN
ABEYANCE while Petitioner litigates his PCRA petition in the state courts.
4. Petitioner shall notify the District Court within thirty days of the conclusion of state
court proceedings. At that time, Petitioner shall provide a written status report
detailing the conclusion of his state court proceedings, and include a copy of the

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relevant state court disposition. Petitioner shall inform the District Court whether the
state court proceedings impacted his habeas petition in any way.

BY THE COURT:

/ s / J o el H . S l o ms k y
JOEL H. SLOMSKY, J.

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