CREDICO v. MCFADDEN

Filing 7

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. WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS, THE PARTIES SHALL FILE A NOTICE THAT THE STATE COURT PROCEEDINGS HAVE CONCLUDED.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/2/18. 7/2/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JUSTIN CREDICO
v.
MCFADDEN, Chester County
Prison Warden

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CIVIL ACTION

NO. 17-3372

ORDER
NOW, this 2nd day of July, 2018, upon consideration of the Petition for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 and the supplemental motion for
docketing and stay of habeas corpus (Document No. 1), the response filed in Civil
Action No. 17-3672, the Report and Recommendation filed by United States Magistrate
Judge Lynne A. Sitarski (Document No. 5), and no objections to the Report and
Recommendation having been filed, and after a thorough and independent review of the
record, it is ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Lynne A. Sitarski 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.

Within thirty (30) days of the conclusion of the state court proceedings, the

parties shall file a notice that the state court proceedings have concluded.
4.

Failure to proceed within thirty (30) days following the conclusion of the

state court proceedings shall result in the vacation of this stay and abeyance order and
the dismissal of the petition.

TIMOTHY J. SAVAGE, J.