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Montgomery v. Burns

United States District Court, E.D. Pennsylvania

May 13, 2014

TYSON MONTGOMERY, Petitioner,
v.
DANIEL BURNS, et al. Respondents.

ORDER

PAUL S. DIAMOND, District Judge.

AND NOW, this 12th day of May, 2014, upon consideration of the Report and Recommendation of Magistrate Judge Marilyn Heffley (Doc. No. 11), to which no objections have been filed, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is STAYED and HELD IN ABEYANCE while Petitioner's PCRA petition is pending in Pennsylvania courts;
3. Petitioner must notify this Court of his intent to proceed with his federal habeas Petition within thirty (30) days of the date his PCRA appeal is no longer pending to avoid dismissal of this Petition.
4. There are no grounds to issue a certificate of appealability; and
5. The Clerk of Court shall mark this case dosed for statistical purposes.

AND IT IS SO ORDERED.


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