Blakeney v. Beard et al

Filing 83

ORDER 1. Petitioner's motion for a stay of federal proceedings pending resolution of Petitioner's PCRA petition in the Court of Common Pleas for Dauphin County, Pennsylvania (Doc. 79) is GRANTED. Litigation in this habeas corpus proceeding is STAYED pending final disposition of PCRA petition.2. The stay of execution issued by the Court in the Order of July 21, 2015 (Doc. 61), shall REMAIN IN EFFECT. 3. Counsel for the parties shall jOintly report to the Court the status of the PCRA pro ceedings sixty (60) days from the date of this Order and every sixty (60) days thereafter. 4.Petitioner's motion to stay further briefing pending this Court's resolution of the motion to stay (Doc. 81) is DEEMED MOOT.Signed by Honorable Robert D. Mariani on 4/8/16. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

HERBERT J. BLAKENEY,

No.3:09-CV-00343

Petitioner

(Judge Mariani)

v.
JEFFREY BEARD, Commissioner,
Pennsylvania, Department of
Corrections, LOUIS B. FOLINO,
Superintendent of the State Correctional
Institution at Greene; and FRANKLIN J.
TENNIS, Superintendent of the State
Correctional Institution at Rockview,

THIS IS A CAPITAL CASE

Respondents

,J,

AND NOW,

ORDER

THIS~ DAY OF APRIL, 2016, upon consideration of Petitioner's

motion for a stay of these federal habeas proceedings (Doc. 79), IT IS HEREBY
ORDERED -rHAT:
1.

Petitioner's motion for a stay of federal proceedings pending resolution of
Petitioner's PCRA petition in the Court of Common Pleas for Dauphin
County, Pennsylvania (Doc. 79) is GRANTED. Litigation in this habeas
corpus proceeding is STAYED pending final disposition of PCRA petition.

2.

The stay of execution issued by the Court in the Order of July 21, 2015
(Doc. 61), shall REMAIN IN EFFECT.

3.

Counsel for the parties shall jOintly report to the Court the status of the
PCRA proceedings sixty (60) days from the date of this Order and every
sixty (60) days thereafter.

4.

Petitioner's motion to stay further briefing pending this Court's resolution
of the motion to stay (Doc. 81) is DEEMED MOOT.

Robert D. Mariani
United States District Judge