BRENSINGER v. WINGARD et al

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE CASE IS STAYED AND PLACED IN ABEYANCE PENDING FINAL RESOLUTION OF PETITIONER'S PENDING POST-CONVICTION RELIEF ACT PETITION IN STATE COURT; PETITIONER AND RESPONDENTS SHALL NOTIFY THE COURT WITHIN THIRTY (30) DAYS OF THE FINAL RESOLUTION OF PETITIONER'S PENDING POST-CONVICTION RELIEF ACT PETITION IN STATE COURT.. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/27/16. 6/29/16 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RUSTY LEE BRENSINGER,
Petitioner,

CIVIL ACTION

v.
TREVOR WINGARD, Superintendent SCISomerset,
THE DISTRICT ATTORNEY OF THE
COUNTY OF LEHIGH, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

NO. 16-1074

ORDER
AND NOW, this 27th day of June, 2016, upon consideration of Petition for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 filed by petitioner, Rusty Lee Brensinger, the
record in this case, the Report and Recommendation of United States Magistrate Judge Jacob P.
Hart dated June 6, 2016, no objections having been filed, and the Commonwealth defendants
having stated in their response that they do not oppose the recommended stay and abeyance of
this case, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Jacob P. Hart

dated June 6, 2016, is APPROVED and ADOPTED;
2.

The case is STAYED and PLACED IN ABEYANCE pending final resolution of

petitioner’s pending Post-Conviction Relief Act petition in state court;
3.

Petitioner and respondents shall notify the Court within thirty (30) days of the

final resolution of petitioner’s pending Post-Conviction Relief Act petition in state court.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.