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Walker v. Wetzel

United States District Court, Third Circuit

January 7, 2014

CLINTON WALKER [EC-4925]
v.
JOHN E. WETZEL, et al.

ORDER

ROBERT F. KELLY, District Judge.

AND NOW, this 7th day of Jan. 2014, upon consideration of the pleadings and the record herein, and after review of the Report and Recommendation of M. Faith Angell, United States Magistrate Judge, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED AND ADOPTED.
2. Respondent's Motion for Permission to File Out of Time [Document 7] is GRANTED.
3. The Petition for Writ of Habeas Corpus is placed in suspense until the conclusion of the state post-conviction proceedings.
4. Walker shall return to federal court within thirty (30) days following the conclusion of his state court proceedings. If Petitioner does not return to federal court within that time, this stay and abeyance order will be vacated and his petition will be dismissed without prejudice.
There is no probable cause to issue a certificate of appealability.

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