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Winford Melvin, Jr v. Michael Harlow

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


April 8, 2011

WINFORD MELVIN, JR.,
PETITIONER,
v.
MICHAEL HARLOW, RESPONDENT.

The opinion of the court was delivered by: Hon. John E. Jones III

Hon. Martin C. Carlson

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On March 16, 2011, Magistrate Judge Martin C. Carlson issued a Report and Recommendation ("R&R") in this matter (Doc. 53) recommending the following:

(1) that this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be held in abeyance pending the completion of Petitioner's pending PCRA petition in state court; and

(2) that the parties provide status reports to the Court every ninety (90) days, informing the Court as to the status of Petitioner's PCRA petition litigation.

It is quite obvious that neither party objected to the Magistrate Judge's logical recommendations.*fn1 Accordingly, we shall adopt Magistrate Judge Carlson's recommendations.*fn2 NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. The Report and Recommendation (Doc. 53) of Magistrate Judge Carlson is adopted in its entirety.

2. The petition for writ of habeas corpus (Doc. 1) filed pursuant to 28 U.S.C. § 2254 shall be held in ABEYANCE pending the completion of Petitioner's PCRA litigation in state court. Thus, the Clerk shall administratively mark this case as STAYED.

3. The parties shall file joint status reports on the docket at the expiration of ninety (90) days, and at the expiration of every successive ninety (90) day period thereafter. The status reports shall inform the Court as to the status of Petitioner's PCRA litigation.

4. This matter shall remain referred to Magistrate Judge Carlson for the purposes of preparing a Report and Recommendation at a point in time when the petition becomes ripe.

John E. Jones III United States District Judge


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