JOHNSON v. GLUNT et al

Filing 26

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE HEY IS APPROPED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS STAYED; THE CLERK SHALL PLACE THIS ACTION IN SUSPENSE PENDING CONCLUSI ON OF THE STATE COURT POST-CONVICTION PROCEEDINGS; THE PARTIES SHALL NOTIFY THE COURT WITHIN THIRTY DAYS OF THE CONCLUSION OF THE STATE PROCEEDINGS CHALLENGING THE PETITIONER'S CONTEMPT SENTENCES; THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 6/16/16. 6/16/16 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AQUIL JOHNSON
v.
STEVEN R. GLUNT, DISTRICT
ATTORNEY OF COUNTY OF
PHILADELPHIA and ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA

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CIVIL ACTION
NO. 15-1986

ORDER
NOW, this 16th day of June, 2016, upon consideration of the Petition for Writ of
Habeas Corpus (Document No. 1), the Response to Petition for Writ of Habeas Corpus
(Document No. 17), the Report and Recommendation filed by United States Magistrate
Judge Elizabeth T. Hey (Document No. 22), and Petitioner’s Objections to the Report and
Recommendation (Document No. 24), and after a thorough and independent review of the
record, it is ORDERED as follows:
1.

The petitioner’s objections are OVERRULED;

2.

The Report and Recommendation of Magistrate Judge Hey is APPROVED

and ADOPTED;
3.

The Petition for Writ of Habeas Corpus is STAYED;

4.

The Clerk shall place this action in SUSPENSE pending conclusion of the

state court post-conviction proceedings.
5.

The parties shall notify the court within thirty days of the conclusion of the

state proceedings challenging the petitioner’s contempt sentences; and

6.

There is no basis for the issuance of a certificate of appealability.

/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.