LAUDENBERGER v. MCGRADY et al
Filing
6
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 UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS, ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 11/6/13. 11/7/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CLARENCE LAUDENBERGER,
Petitioner,
CIVIL ACTION
No. 13-4063
V.
JAMES McGRADY, et al.,
Respondents.
ORDER
L. FELIPE RESTREPO, J.
AND NOW, this
(;;
day of
;1J;vhl1¥o13.
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
until the conclusion of Petitioner's state court proceedings.
3. Petitioner shall return to federal court within thirty days following the conclusion of
his state court proceedings. If Petitioner does not return to federal court within that
time, this stay and abeyance order will be vacated and his petition will be denied
without prejudice.
4. There is no probable cause to issue a certificate of appealability.
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