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Mitchell v. Fisher

United States District Court, Third Circuit

July 9, 2013

STEPHEN MITCHELL
v.
JON D. FISHER, et al.

ORDER

TIMOTHY J. SAVAGE, District Judge.

AND NOW, this 9th day of July, 2013, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1), the Respondents' Answer to Petition for Writ of Habeas Corpus (Document No. 4), the Report and Recommendation filed by United States Magistrate Judge M. Faith Angell (Document No. 5), and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that:

1. The Report and Recommendation of Magistrate Judge Angell is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus is STAYED and held in ABEYANCE until the conclusion of the petitioner's state court proceedings;

3. Within 30 days following the conclusion of the state court proceedings, the petitioner shall return to this court or his petition will be dismissed without prejudice; and

4. The Clerk is directed to CLOSE this action administratively.


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