RICHARDSON v. KAUFFMAN et al
ORDER THAT PETITIONERS MOTION FOR RECONSIDERATION OF REPORT AND RECOMMENDATION, ECF NO. 15 , IS GRANTED; THE ORDER DATED MAY 20, 2016, ECF NO. 13 , IS VACATED; PETITIONERS OBJECTIONS, ECF NOS. 14 - 15 , ARE OVERRULED; THE REPORT AND RECOMMENDATION , ECF NO. 13 , IS APPROVED AND ADOPTED; PETITIONERS REQUEST TO STAY AND ABEY, ECF NO. 9 , IS GRANTED; THIS ACTION IS STAYED PENDING EXHAUSTION OF PETITIONERS STATE COURT PROCEEDINGS; PETITIONER SHALL NOTIFY THE COURT WITHIN FORTY-FIVE (45) DAYS OF THE CONCLUSION OF THE PENDING STATE COURT PROCEEDINGS; THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED ACTION TO THE CIVIL SUSPENSE DOCKET, AND MARK THE CASE CLOSED FOR STATISTICAL PURPOSES; THE COURT SHALL RETAIN JURISDICTION OVER THE CASE AND SHALL RETURN IT TO THE COURTS ACTIVE DOCKET ONCE THE CASE IS READY TO PROCEED TO FINAL DISPOSITION; AND THERE IS NO BASIS FOR A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/27/16. 6/29/16 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
KENDALL C. RICHARDSON,
KAUFFMAN et al.,
AND NOW, this 27th day of June, 2016, for the reasons set forth in the Memorandum
issued this date, IT IS HEREBY ORDERED THAT:
Petitioner’s Motion for Reconsideration of Report and Recommendation, ECF
No. 15, is GRANTED;
The Order dated May 20, 2016, ECF No. 13, is VACATED;
Petitioner’s objections, ECF Nos. 14-15, are OVERRULED;
The Report and Recommendation, ECF No. 13, is APPROVED and
Petitioner’s request to stay and abey, ECF No. 9, is GRANTED;
This action is STAYED pending exhaustion of Petitioner’s state court
Petitioner shall notify the court within forty-five (45) days of the conclusion
of the pending state court proceedings;
The Clerk of Court shall TRANSFER the above-captioned action to the Civil
Suspense Docket, and MARK the case CLOSED for statistical purposes;
The Court shall RETAIN jurisdiction over the case and shall RETURN it to the
Court’s active docket once the case is ready to proceed to final disposition; and
There is no basis for a certificate of appealability.
BY THE COURT:
/s/ Joseph F. Leeson, Jr._________
JOSEPH F. LEESON, JR.
United States District Judge
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