CLARKE v. FERGUSON et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS. PETITIONER SHALL RETURN TO THE FEDERAL COURT WI THIN THIRTY (30) DAYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS. IF PETITIONER FAILS TO DO SO THIS STAY AND ABEYANCE ORDER IS VACTED AND HIS PETITION IS DISMISSED WITHOUT PREJUDICE. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/11/16. 10/11/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED,STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RODNEY CLARKE,
Petitioner,

v.

CIVIL ACTION NO. 15-3901

FILE

TAMMY FERGUSON, et al.,
Respondents.

OCT 112016
LUCY V. CHIN, Interim Clerk

AND NOW, this 11th day of October 2016, upon careful and independent comtfMemtion of" Oep.Clerk
the Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report and
Recommendation of United States Magistrate Judge Jacob P. Hart (Doc. No. 7), it is hereby

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 until

the conclusion of Petitioner's state court proceedings.
3.

Petitioner shall return to federal court within thirty days following the conclusion of

his state court proceedings or, if Petitioner's state court proceedings have concluded, within
thirty days of the date of this Order. If Petitioner fails to do so, this stay and abeyance Order
is vacated and his petition is dismissed without prejudice.
4.

There is no basis to issue a certificate of appealability.

It is so ORDERED.

BY THE COURT: