SPENCE v. RENN et al

Filing 21

ORDER (memorandum filed previously as separate docket entry)1. This matter is STAYED pending further order of court.2. Within sixty (60) days of the date on which Petitioners state courtdirect appeal and collateral proceedings conclude, Petitioner sh allFILE in federal court a notice apprising the Court of the completiondate of state court proceedings and whether he intends on pursing hisfederal habeas petition.3. Failure to comply with the time requirements set forth in paragraph 2will result in the stay being vacated nunc pro tunc. Crews, 360 F.3dat 154 (citing Zarvela v. Artuz, 254 F.3d 374, 380 (2nd Cir. 2001).4. The Clerk of Court is directed to ADMINISTRATIVELY CLOSEthis matter. (eo)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LEVAR LEE ANTHONY SPENCE, : Petitioner, : 1:17-cv-0881 : v. : Hon. John E. Jones III : RICHARD K. RENN, et al., : Respondents. : ORDER May 22, 2017 NOW THEREFORE, upon consideration of the Amended Petition for Writ of Habeas Corpus (Doc. 9) pursuant to 28 U.S.C. § 2254, and for the reasons set forth in the Court’s Memorandum of the same date, it is hereby ORDERED that: 1. This matter is STAYED pending further order of court. 2. Within sixty (60) days of the date on which Petitioner’s state court direct appeal and collateral proceedings conclude, Petitioner shall FILE in federal court a notice apprising the Court of the completion date of state court proceedings and whether he intends on pursing his federal habeas petition. 3. Failure to comply with the time requirements set forth in paragraph 2 will result in the stay being vacated nunc pro tunc. Crews, 360 F.3d at 154 (citing Zarvela v. Artuz, 254 F.3d 374, 380 (2nd Cir. 2001). 4. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this matter. s/ John E. Jones III John E. Jones III United States District Judge

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