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Gary Adam Miller v. Marirosa Lamas

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


May 21, 2012

GARY ADAM MILLER,
PETITIONER
v.
MARIROSA LAMAS, RESPONDENT

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

ORDER AND NOW, this 21st day of May, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 50), recommending that the petition for writ of habeas corpus (Doc. 1) continue to be stayed pending completion of the state litigation of petitioner's PCRA petition, 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 Carlson (Doc. 50) are ADOPTED.

2. Petitioner's motion (Doc. 46) to vacate the stay is DENIED and the STAY set forth in this Court's Order of March 8, 2011 (Doc. 39) shall remain in full force and effect. The parties are directed to continue to provide quarterly status reports on the progress of the state PCRA litigation.

3. The Clerk of Court is directed to CLOSE this case for statistical purposes only.

CHRISTOPHER C. CONNER United States District Judge


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