Parrish v. Wetzel et al

Filing 28

ORDER (Memorandum 27 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Ptnr's motion for leave to file petition for writ of h/c in excess of page limits 17 is GRANTED - petition for writ of h/c 19 accepted for fili ng.; 2. Ptnr's motion to stay federal proceedings to allow ptnr's cnsl to expeditiously exhaust federal claims for relief in state court 20 is DENIED.; 3. Petition for writ of h/c 19 is DISMISSED w/out prejudice.; 4. Ptnr's motion to produce state court record 15 is DENIED.; 5. Clrk of Ct shall CLOSE this case.; 6. There is no basis for certificate of appealability. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/28/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL JOHN PARRISH,
Petitioner
v.
JOHN E. WETZEL, Secretary,
Pennsylvania Department of
Corrections; ROBERT GILMORE,
Superintendent of the State
Correctional Institution at Greene;
and STEVEN GLUNT,
Superintendent of the State
Correctional Institution at
Rockview,
Respondents

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CIVIL ACTION NO: 1:14-CV-00966
(Chief Judge Conner)

THIS IS A CAPITAL CASE

ORDER
AND NOW, this 28th day of May, 2015, for the reasons set forth in the
accompanying memorandum of this date, it is hereby ORDERED that:
1.

Petitioner’s motion for leave to file a petition for writ of habeas corpus
in excess of the page limitation (Doc. 17) is GRANTED. The petition
for writ of habeas corpus (Doc. 19) is accepted for filing.

2.

Petitioner’s motion to stay the federal proceedings to allow petitioner’s
counsel to expeditiously exhaust federal claims for relief in state court
(Doc. 20) is DENIED.

3.

The petition for writ of habeas corpus (Doc. 19) is DISMISSED without
prejudice.

4.

Petitioner’s motion to produce state court record (Doc. 15) is DENIED.

5.

The Clerk of Court shall CLOSE this case.

6.

There is no basis for the issuance of a certificate of appealability. See
28 U.S.C. § 2253(c).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania