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Smith v. Wetzel

United States District Court, E.D. Pennsylvania

January 31, 2014

SAMUEL EDWARD SMITH, Petitioner,
v.
JOHN E. WETZEL, et al., Respondents.

ORDER

BERLE M. SCHILLER, District Judge.

AND NOW, this 31 day or Jan, 2014 upon careful and independent consideration of the petition for Writ of Habeas Corpus, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, IT IS ORDERED that:

i. The Report and Recommendation is APPROVED and ADOPTED.
ii. The petition for Writ of Habeas Corpus is STAYED and held in ABEYANCE until the conclusion of petitioner's state court proceedings.
iii. Petitioner shall notify this federal 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 his petition is dismissed without prejudice.
iv. There is no probable cause to issue a certificate of appealability.
v. The Clerk of the Court shall mark this case closed for statistical purposes.

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