OLIVER v. SMITH et al
ORDERED THAT THE SUPPLEMENTAL REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; RESPONDENTS MOTION TO STAY CONSIDERATION OF THE PETITION IS GRANTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS PLACED IN SUSPENSE PENDING PETITIONERS PCRA LITIGATION. RE SPONDNETS SHALL NOTIY THE COURT WITHIN THIRTY(30) DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS SO THA HABEAS PETITION MAY PROCEED IN THIS COURT. PETITIONER AND RESPONDENTS SHALL PROVIDE THE COURT WITH A STATUS REPORT AS TO THE STATE COURT PROCEEDINGS BY 2/16/18 SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/16/17. 11/17/17 ENTERED AND COPIES E-MAILED. (jpd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SUPERINTENDENT BARRY SMITH, et al.,
CIVIL ACTION NO. 16-CV-5537
AND NOW this 16th day of November, 2017, upon careful and independent consideration
of the petition for writ of habeas corpus, Petitioner’s objections to the original Report and
Recommendation, the status report provided by Respondents, and after review of the
Supplemental Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, it
is hereby ORDERED that:
1. The Supplemental Report and Recommendation is APPROVED and ADOPTED.
2. Respondents’ motion to stay consideration of the petition is GRANTED.
3. The petition for a writ of habeas corpus is placed in suspense pending Petitioner’s
litigation of a PCRA petition raising a claim pursuant to Miller v. Alabama, __ U.S. __,
132 S.Ct. 2455 (2012).
4. Petitioner and Respondents shall notify the Court within thirty days of the conclusion of
the state proceedings so the habeas petition may proceed in this court.
5. Petitioner and Respondents shall provide the Court with a status report as to the state
court proceedings by February 16, 2018.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.
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