RICHARDSON v. KAUFFMAN et al

Filing 17

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, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA _______________________________________ KENDALL C. RICHARDSON, Petitioner, v. : : : : KAUFFMAN et al., : Respondents. : _______________________________________ No. 5:15-cv-6362 ORDER AND NOW, this 27th day of June, 2016, for the reasons set forth in the Memorandum issued this date, IT IS HEREBY ORDERED THAT: 1. Petitioner’s Motion for Reconsideration of Report and Recommendation, ECF No. 15, is GRANTED; 2. The Order dated May 20, 2016, ECF No. 13, is VACATED; 3. Petitioner’s objections, ECF Nos. 14-15, are OVERRULED; 4. The Report and Recommendation, ECF No. 13, is APPROVED and ADOPTED; 5. Petitioner’s request to stay and abey, ECF No. 9, is GRANTED; 6. This action is STAYED pending exhaustion of Petitioner’s state court proceedings; 7. Petitioner shall notify the court within forty-five (45) days of the conclusion of the pending state court proceedings; 8. The Clerk of Court shall TRANSFER the above-captioned action to the Civil Suspense Docket, and MARK the case CLOSED for statistical purposes; 9. 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 10. 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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