ELLIOTT v. WETZEL et al

Filing 17

ORDER STAYING CASE: AND NOW, this 16th day of August, 2013, upon consideration of the fact that Petitioner is currently exhausting his state court remedies with respect to his claim that his judgment of sentence is unconstitutional under Miller v. A labama, U.S., 132 S.Ct. 2455 (2012), and that Respondents have advised the Court that they do not object to this case being stayed while the Petitioner exhausts his state court remedies [see ECF No. 10], it is HEREBY ORDERED that: (1) this case is STAYED and AMINISTRATIVELY CLOSED pending the exhaustion of Petitioner's remedies in state court; and, (2) within 30 days of the completion of the state court proceeding, Petitioner's counsel shall file a motion with this Court in which he requests that the stay in this case be lifted and advises the Court of the outcome of the state court proceeding. Signed by Chief Judge Sean J. McLaughlin on 08/16/2013. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

GEORGE GREGORY ELLIOTT,
Petitioner,
v.
JOHN E. WETZEL, et al.,

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Civil Action No. 13-142 Erie
Chief Judge Sean J. McLaughlin
Magistrate Judge Susan Paradise Baxter

Respondents.
ORDER
AND NOW, this 16th day of August, 2013, upon consideration of the fact that Petitioner
is currently exhausting his state court remedies with respect to his claim that his judgment of
sentence is unconstitutional under Miller v. Alabama, — U.S. — , 132 S.Ct. 2455 (2012), and
that Respondents have advised the Court that they do not object to this case being stayed while
the Petitioner exhausts his state court remedies [see ECF No. 10], it is HEREBY ORDERED
that:
(1)

this case is STAYED and AMINISTRATIVELY CLOSED pending the
exhaustion of Petitioner's remedies in state court; and,

(2)

within 30 days of the completion of the state court proceeding, Petitioner's
counsel shall file a motion with this Court in which he requests that the
stay in this case be lifted and advises the Court of the outcome of the state
court proceeding.

/s Sean J. McLaughlin
Sean J. McLaughlin
Chief United States District Court Judge
Western District of Pennsylvania