ZELDICH v. PA BOARD OF PAROLE & PROBATION

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE HENRY S. PERKIN DATED 10/25/17. PETITIONER'S MOTION TO STAY PETITION (DOC. NO. 11) IS GRANTED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE APPELLATE PROCEEDINGS, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/1/17. 12/5/17 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEONID ZELDICH,
Petitioner,
v.

CIVIL ACTION
NO. 17-1900

PA BOARD OF PAROLE & PROBATION, et al.,
Respondent.
ORDER
AND NOW, this 1st day of December, 2017, upon consideration of Petitioner’s
Motion to Stay Counseled Petition for Writ of Habeas Corpus by a Person in State Custody
Pursuant to 28 U.S.C. § 2254 Pending Resolution of PCRA Proceedings in State Court
(Docket No. 11), Respondent’s Reply to Petitioner’s Request for Stay of Proceedings
(Docket No. 13), and after review of the Report and Recommendation (“R&R”) of the United
States Magistrate Judge Henry S. Perkin dated October 25, 2017, it is hereby ORDERED as
follows:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Petitioner’s Motion to Stay Petition for Writ of Habeas Corpus (Docket No. 11) is
GRANTED;
3. The Petition for a Writ of Habeas Corpus is STAYED and held in ABEYANCE
until the conclusion of Petitioner’s state appellate proceedings;
4. Petitioner shall return to federal court within thirty (30) days following the
conclusion of his state court proceedings. If Petitioner does not return to federal
court within thirty (30) days following the conclusion of his state court
proceedings, this stay and abeyance order is vacated and the Petition may be
dismissed; and

5. There is no probable cause to issue a certificate of appealability.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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