BUXTON v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 6

ORDER directing that the petition is stayed pending exhaustion of petitioner's state court remedies and the 5 Report and Recommendation of Chief Magistrate Judge Kelly is adopted as the opinion of the Court. The petitioner shall notify the co urt within 45 days of disposition of his second PCRA petition, including appellate decisions. Failure to do so may result in dismissal of the petition for failure to prosecute. To extent necessary, certificate of appealability is denied. Signed by Judge David S. Cercone on 6/28/17. (njt)

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

ANDY BUXTON,

)
Petitioner,
)
)
v.
)
)
COMMONWEALTH OF
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PENNSYLVANIA; THE ATTORNEY
)
GENERAL OF THE STATE OF
)
PENNSYLVANIA,
)
)
Respondents. )

2:17cv594
Electronic Filing
Judge David Stewart Cercone/
Chief Magistrate Judge Maureen P. Kelly

ORDER
Andy Buxton (“Petitioner”) initiated these proceedings under 28 U.S.C. § 2254 for Writ of
Habeas Corpus by a Person in State Custody on May 8, 2017. ECF No. 1. Petitioner is seeking to
attack his conviction obtained in the Court of Common Pleas of Allegheny County.
Commonwealth v. Buxton, CP-02-CR-0001413-2013 (CCP Allegheny County). The case was
referred to Chief Magistrate Judge Maureen Kelly in accordance with the Magistrate Judges Act,
28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.
Chief Magistrate Judge Kelly issued a Report and Recommendation (the “Report”),
recommending that the Petition be stayed pending Petitioner’s exhaustion of his state court
remedies, specifically, until his second Post Conviction Relief Act (“PCRA”) Petition has been
finally adjudicated.

The Report was served upon Petitioner at his address of record and he was

informed that he had until June 16, 2017 to file Objections to the Report. No Objections have
been filed.
Accordingly, after de novo review of the Report and the record of this case, it is hereby
ORDERED that the Report is adopted as the opinion of the Court and we hereby ORDER that

the Petition be stayed pending exhaustion of Petitioner’s state court remedies. Petitioner is
ORDERED to notify the Court no later than 45 days after the state courts have disposed of his
second PCRA Petition, including any appellate court decisions. Failure to do so may result in the
dismissal of the Petition for failure to prosecute. To the extent one is necessary, a certificate of
appealability is DENIED.
Date: June 28, 2017

cc:

The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Andy Buxton
MS1885
SCI Mercer
801 Butler Pike
Mercer, PA 16137
(Via First Class Mail)

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge