MANN v. DELBALSO et al

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS WILL BE STAYED AND HELD IN ABEYANCE WHILE PETITIONER LITIGATES HIS PCRA PETITION IN STATE COURT. PETITIONER SHALL NOTIFY THE DISTRICT COURT WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/21/17. 8/22/17 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL. Modified on 8/22/2017 (pr, ).

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

KELVIN MANN,
Petitioner,
v.
THERESA DELBALSO, et al.,
Respondents.

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CIVIL ACTION
No. 16-724

ORDER
This 21st day of August, 2017, upon careful and independent consideration of
Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after
review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarki,
it is hereby ORDERED that:
1. The Report and Recommendation is ADOPTED,
2. The Petition for Writ of Habeas Corpus will be STAYED and held in ABEYANCE while
Petitioner litigates his PCRA petition in state court.
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 exhaustion efforts, 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.

/s/ Gerald Austin McHugh
United States District Judge