Stoss v. Lane et al

Filing 5

ORDER (Memorandum 4 filed previously as separate docket entry) - GRANTING ptnr's request to stay proceedings, STAYING matter pending further order of court, directing ptnr to file w/in 30 days of date his state court remedies conclude a notic e apprising court of completion date of state proceedings & whether he intends to pursue federal habeas petition, noting failure to comply w/ time req'mts to result in stay being vacated nunc pro tunc, & directing Clrk of Ct to ADMINISTRATIVELY CLOSE case. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 7/24/17. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ARTHUR F. STOSS, SR., Petitioner v. JAY LANE, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents : : : : : : : : : CIVIL NO. 1:17-CV-1253 (Chief Judge Conner) ORDER AND NOW, this 24th day of July, 2017, in accordance with the memorandum issued this date, it is hereby ORDERED that: 1. Petitioner’s request to stay the proceedings is GRANTED. 2. This matter is STAYED pending further order of court. 3. Within thirty (30) days of the date on which his state court remedies conclude, petitioner shall FILE in Federal Court a notice apprising the court of the completion date of the state court proceedings and whether he intends on pursing his federal habeas petition. 4. Failure to comply with the time requirements set forth above will result in the stay being vacated nunc pro tunc. Crews v. Horn, 360 F.3d 146, 154 (3d Cir. 2004), citing Zarvela v. Artuz, 254 F.3d 374, 380 (2d Cir. 2001). 5. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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