AKAN v. SUPERINTENDENT SCI FOREST et al

Filing 6

ORDER granting 3 Application for Stay and Abeyance; dismissing without prejudice 4 Motion for Equitable Tolling; dismissing as moot 5 Motion to Compel the Pennsylvania State Attorney General to forward relevant state court records. The Clerk of Court shall administratively close this case. In the event that Petitioner does not get the relief he seeks in state court then he shall file a motion to lift the stay and re-open this case within thirty (30) days of exhaustion of his state court remedies. Signed by Magistrate Judge Lisa Pupo Lenihan on July 19, 2017. (kcc)

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

AKANINYENE EFIONG AKAN,
Petitioner,
v.
SUPERINTENDENT SCI FOREST
and DISTRICT ATTORNEY
ALLEGHENY COUNTY,
Respondents.

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Civil Action No. 17 – 938

Magistrate Judge Lisa Pup Lenihan

ORDER
AND NOW, this 19th day of July, 2017,
IT IS HEREBY ORDERED that Petitioner’s Application for Stay and Abeyance (ECF
No. 3) is granted.
IT IS FURTHER ORDERED that Petitioner’s Motion for Equitable Tolling (ECF No.
4) is dismissed without prejudice. The issue of timeliness, including the application of any
equitable tolling, will be addressed after the Respondent has filed an answer to the Petition for
Writ of Habeas Corpus.
IT IS FURTHER ORDERED that Petitioner’s Motion to Compel the Pennsylvania
State Attorney General to forward his relevant state court records (ECF No. 5) is dismissed as
moot. Pursuant to Rule 5 of the Federal Rules Governing Section 2254 Cases in the United
States District Courts, and Rule LCvR 2254(E)(1)(c) of the Local Rules of this Court, the
Respondent must provide the Court with all relevant state court records when answering the
Petition for Writ of Habeas Corpus.
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IT IS FURTHER ORDERED that the Clerk of Court administratively close this case.
AND IT IS FURTHER ORDERED that, in the event that Petitioner does not get the
relief he seeks in state court, he shall file a motion to lift the stay and re-open this case within
thirty (30) days of exhaustion of his state court remedies.

/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge
cc: Akaninyene Efiog Akan
KP-8782
SCI Forest
PO Box 945
Marienville, PA 16239-0945

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