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Humphreys v. Wetzel

United States District Court, Third Circuit

October 29, 2013

EDWIN H. HUMPHREYS, JR., Petitioner,
v.
JOHN E. WETZEL, et al., Respondents.

ORDER

LEGROME D. DAVIS, District Judge.

AND NOW, this 29th day of October, 2013 upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. ยง 2254, and after review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, IT IS ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.
2. Petitioner's Motion to the District Court to Stay and Abey Petitioner's Federal Habeas Petition (ECF No. 5) is GRANTED and the petition for writ of habeas corpus is STAYED and held in ABEYANCE while Petitioner litigates his PCRA petition in the state courts.
3. Petitioner and Respondents shall notify the District Court within thirty days of the conclusion of Petitioner's state proceedings and inform the Court of the status of Petitioner's habeas petition.

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