FREEMAN v. WETZEL et al

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; AS RECOMMENDED, THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) SHALL BE STAYED AND HELD IN ABEYANCE WHILE PETITIONER LITIGATES HIS POST CONVICTION RELIEF ACT. THE CLERK OF COURT IS DIRECTED TO PLACE THIS CASE IN CIVIL SUSPENSE, ETC.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/23/14. 12/23/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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

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CIVIL ACTION

NO. 5:13-cv-3653

ORDER
AND NOW, this 23rd day of December, 2014, upon careful and independent review of
the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 of Petitioner David Freeman
(Doc. No. 1), and upon consideration of the Report and Recommendation of United States
Magistrate Judge Lynne A. Sitarski (Doc. No. 19), to which no objections were filed, it is hereby
ORDERED as follows:
1. The Report and Recommendation (Doc. No. 19) is APPROVED and ADOPTED, as
modified by this Order.
2. As recommended, the Petition for Writ of Habeas Corpus (Doc. No. 1) shall be STAYED
and held in ABEYANCE while Petitioner litigates his Post Conviction Relief Act
(“PCRA”) petition in the state courts and while the Third Circuit Court of Appeals
decides Songster v. Secretary Pennsylvania Department of Corrections, No. 12-3941.
3. The petition shall also be STAYED and held in ABEYANCE pending the Supreme
Court’s decision in Toca v. Louisiana, No. 14-6381.
4. The Clerk of Court is directed to place this case in civil suspense.
5. The parties shall notify the District Court within thirty (30) days of the conclusion of
Petitioner’s state proceedings and inform the Court at that time of the status of
Petitioner’s habeas corpus petition.

BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J.