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Lopez v. Wenerowicz

United States District Court, Third Circuit

October 8, 2013

FABIAN LOPEZ, Petitioner,
v.
MICHAEL WENEROWICZ, et al., Respondents.

ORDER

PAUL S. DIAMOND, District Judge.

AND NOW, this 8th day of October, 2013, no objections to the Report and Recommendation having been filed, it is hereby ORDERED as follows:

1. The Report and Recommendation of the Honorable Linda K. Caracappa, United States Magistrate Judge, is APPROVED and ADOPTED;
2. The Petition is STAYED and held in ABEYANCE until the conclusion of Petitioner's state court proceedings;
3. Petitioner shall notify this court within forty-five (45) days following the conclusion of his state court proceedings. If Petitioner does not return to federal court within forty-five (45) days following the conclusion of state proceedings, this stay and abeyance Order is VACATED and the Petition is DISMISSED without prejudice.
4. No certificate of appealability shall issue;
5. The Clerk shall mark this case CLOSED for statistical purposes.

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