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Marcus Suarez v. Kenneth Cameron

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


August 9, 2011

MARCUS SUAREZ,
PETITIONER
v.
KENNETH CAMERON, ET AL., RESPONDENT

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 9th day of August, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 11), recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be stayed and held in abeyance, pending completion of the state appeal of Petitioner's PCRA petition, and the parties be required to provide status reports, and, following an independent review of the record, it appearing that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Martin C. Carlson (Doc. 11) are ADOPTED.

2. The Petition for Writ of Habeas Corpus is STAYED AND HELD IN ABEYANCE pending completion of the state appeal of Petitioner's PCRA petition.

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

4. The Clerk of Court is directed to CLOSE this matter for statistical purposes only.

CHRISTOPHER C. CONNER United States District Judge


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