ROBINSON v. WETZEL et al

Filing 19

ORDER: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS PLACED IN SUSPENSE PENDING DISPOSITION OF THE PETITION FOR A WRIT OF CERTIORARI BY THE U.S. SUPREME COURT IN COMMONWEALTH V. CUNNINGHAM; THE CLERK OF COURT IS DIRECTED TO PLACE THIS MATTER IN CIVIL SUSPENSE PENDING FURTHER ORDER OF THIS COURT. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/18/14. 3/18/14 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HENRY ROBINSON
v.
JOHN E. WETZEL, et al.

:
:
:
:
:

CIVIL ACTION
No. 13-3131

ORDER
AND NOW, this 18th day of March, 2014, upon careful and independent consideration of
Petitioner Henry Robinson’s pro se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254,
and after review of the Report and Recommendation of United States Magistrate Judge Henry S.
Perkin, to which no objections have been filed, 1 it is ORDERED:
1.

The Report and Recommendation (Document 17) is APPROVED and ADOPTED;

2.

The petition for a writ of habeas corpus is placed in suspense pending disposition

of the petition for a writ of certiorari by the United States Supreme Court in Commonwealth v.
Cunningham, 81 A.3d 1 (Pa. 2013);
3.

Petitioner and Respondents shall notify the court within 30 days of the conclusion

of the proceedings in the Cunningham case so the habeas petition may proceed;
4.

The Clerk of Court is DIRECTED to place this matter in civil SUSPENSE pending

further order of this Court.
BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.
1

.

The Report and Recommendation was sent to all parties of record on January 30, 2014, together
with a Notice from the Clerk of Court advising the parties of their obligation to file any objections
within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any party may object
to a magistrate judge’s proposed findings, recommendations or report under 28 U.S.C.
§ 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after being
served with a copy thereof.”). As of today’s date, no objections have been filed.