McWilliams v. Mazurkiewicz et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER STAYING CASE/ORDER REFERRING CASE - AND NOW, this 10th day of May, 2012, upon con. of the R&R 16 of Mag. Judge Carlson, to which no objs. were filed...ORDERED that: 1. The R&R 16 is adopted. 2. Petn r.'s mtn. to stay proceedings 14 is GRANTED. This matter is STAYED and HELD IN ABEYANCE, pend. completion of the state PCRA litigation...3. The parties are dir. to provide status reports concerning the progress of the state PCRA litigation every 90 days. 4. This case is remanded to the Mag. Judge for further proceedings, including a R&R on dispositive mtns. (See order for complete details.) Signed by Honorable William W. Caldwell on 5/10/12. (am, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CARL D. MCWILLIAMS,
Petitioner
v.
JOSEPH MAZURKIEWICZ, et al.,
Respondents

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: CIVIL NO. 1:11-CV-1786
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ORDER

AND NOW, this 10th day of May, 2012, upon consideration of the Report
and Recommendation (“R&R”) (Doc. 16) of Magistrate Judge Carlson, to which no
objections were filed, and upon independent review of the record, the court finds no error
in the R&R and concludes that the R&R should be adopted. Accordingly, it is ORDERED
that:
1. The R&R (Doc. 16) is adopted.
2. Petitioner’s motion to stay proceedings (Doc. 14)
is GRANTED. This matter is STAYED and HELD IN
ABEYANCE, pending completion of the state PCRA
litigation, and without prejudice to Respondents later
asserting any available statute of limitations defenses
in response to the petition, after the stay is vacated.
3. The parties are directed to provide status reports
concerning the progress of the state PCRA litigation every
90 days.

4. This case is remanded to the Magistrate Judge for
further proceedings, including a report and recommendation
on dispositive motions.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge

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