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Gary Adam Miller v. Pa Attorney General and Marirosa Lamas

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


March 8, 2011

GARY ADAM MILLER,
PETITIONER
v.
PA ATTORNEY GENERAL AND MARIROSA LAMAS, RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of March, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 37), recommending that plaintiff's petition for writ of habeas corpus (Doc. 1) be stayed and that the parties be required to provide status reports every ninety (90) days on the progress of the state PCRA litigation, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on February 16, 2011 (Doc. 38), and the court finding Judge Carlson's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Carlson's Report and Recommendation (Doc. 37), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Carlson (Doc. 37) are ADOPTED.

2. Plaintiff's petition for writ of habeas corpus is STAYED pending completion of petitioner's state PCRA litigation.

3. The parties are DIRECTED to provide status reports every ninety (90) days on the progress of the state PCRA litigation.

4. The above-captioned case is REMANDED to Magistrate Judge Carlson for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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