MCCLOUD v. OVERMYER et al

Filing 54

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE WHILE PETITIONER LITIGATES HIS PCRA PETITION IN THE STATE COURTS. THE CLERK OF COURT SHALL PLACE THIS CASE IN SUSPENSE. PETITIONER SHALL NOTIFY THE DISTRICT COURT WITHIN 30 DAYS OF THE CONCLUSION OF THE STATE PROCEEDINGS. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/31/22. 6/1/22 ENTERED AND COPIES E-MAILED.(amas)

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Case 2:14-cv-06948-JHS Document 54 Filed 05/31/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MUSTAFA MCCLOUD, Petitioner, : : : : : : : v. M.D. OVERMYER, et al., Respondents. CIVIL ACTION NO. 14-cv-6948 ORDER AND NOW, this 31st day of May 2022, upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. ยง 2254, and after review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, noting no party has objected, it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The petition for writ of habeas corpus is STAYED and held in ABEYANCE while Petitioner litigates his PCRA petition in the state courts. The Clerk of Court shall place this case in SUSPENSE. 3. Petitioner shall notify the District Court within thirty days of the conclusion of the 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 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/ Joel H. Slomsky JOEL H. SLOMSKY, J.

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