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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANDY BUXTON, ) Petitioner, ) ) v. ) ) COMMONWEALTH OF ) 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

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