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Sourbeer v. Wetzel

United States District Court, Third Circuit

January 14, 2014

GREGORY SCOTT SOURBEER, Petitioner,
v.
JOHN E. WETZEL, et al., Respondent.

ORDER

MITCHELL S. GOLDBERG, District Judge.

AND NOW, this 15th day of January, 2014, upon careful consideration of the petition for writ of habeas corpus, the Report and Recommendation of United States Magistrate Judge M. Faith Angell (Doc. No. 8), and after a thorough and independent review of the record, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED, and Petitioner's Objections are OVERRULED.[1]
2. The Petition for Writ of Habeas Corpus is STAYED and held in ABEYANCE until the conclusion of Petitioner's state court proceedings.
3. Petitioner shall return to federal court within thirty (30) days of the conclusion of his state court proceedings. If he fails to do so, this Order will be vacated and his Petition dismissed without prejudice.
4. There is no probable cause to issue a certificate of appealability.

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