PEOPLES v. DELBASO et al

Filing 23

MEMORANNDUM ORDER THAT PETITIONER'S MOTION FOR STAY IN ABEYANCE (DOC. NO. 2 ) IS DENIED AS MOOT. PETITIONER'S MOTION TO STAY PETITION (DOC. NO. 18 ) IS GRANTED AND THE CASE SHALL BE STAYED AND PLACED IN ABEYANCE. PETITIONER SHALL HAVE 30 DAYS FROM THE DATE THAT THE PETITIONER HAS EXHAUSTED HIS CLAIMS IN THE STATE COURTS TO ADVISE THIS COURT THAT THE PETITION IS TO BE REACTIVATED. SIGNED BY MAGISTRATE JUDGE JACOB P. HART ON 8/7/2018. 8/8/2018 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOMONICK PEOPLES,
Petitioner,
v.
THERESA DELBASO, et al.,
Respondents.

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CIVIL ACTION

NO. 17-4444

ORDER
AND NOW, this 7th day of August, 2018, upon consideration of Petitioner’s pro se
Motion to Stay and Hold Proceedings in Abeyance (Doc. No. 2), Respondent’s Reply (Doc. No.
16) and Petitioner’s later filed counseled Motion for Stay and Abeyance (Doc. No. 18), it is
hereby ORDERED:
(1)

Petitioner’s pro se Motion for Stay in Abeyance (Doc. No. 2) is hereby
DENIED as moot since he is now represented by counsel who has since filed a
counseled Motion to Stay; and

(2)

Petitioner’s Motion to Stay the Petitioner’s 28 U.S.C. 2254 petition (Doc. No.
18) is hereby GRANTED and the case shall be stayed and placed in abeyance;
and

(3)

Petitioner shall have 30 days from the date that the Petitioner has exhausted
his claims in the state courts to advise this Court that the petition is to be reactivated.

BY THE COURT:

/s/ Jacob P. Hart
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JACOB P. HART
UNITED STATES MAGISTRATE JUDGE