LAUDENBERGER v. MCGRADY et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE PENDING THE RESOLUTION OF SONGSTER v. SEC. PA. DEPT. OF CORRECT., NO. C.A.12-3941; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 9/9/14. 9/10/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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Case 5:13-cv-04063-LFR Document 9-1 Filed 08/21/14 Page 1of1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION CLAREN~~LAUDENBERGER~o Petitioner, f \ l..,,, t;. - SE? ~ 9 2.0\' v. . ; No. 13-4063 a\.A}C\11\'C.\..t:.·\(\l~­ JAMES McGRADY, et o."__..--Respondents. 1;11 ORDER L. FELIPE RESTREPO, J. AND NOW, this ~ day of 71 ~/tltf2o14, upon careful and independent consideration of the petition for a writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. Petitioner's petition for a writ of habeas corpus is STAYED and held in ABEYANCE pending the resolution of Songster v. Sec. Pa. Dept. of Correct., No. C.A. 12-3941. 3. There is no probable cause to issue a certificate of appealability. BY THE COURT: L. FELIPE RESTR PO U.S. DISTRICT COURT JUDGE

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