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Barber v. Overmyer

United States District Court, E.D. Pennsylvania

September 10, 2014

DARIEN BARBER, Petitioner,
v.
MICHAEL OVERMYER; THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY; and THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA, Respondents.

ORDER

JAMES KNOLL GARDNER, District Judge.

NOW, this 9th day of September, 2014, upon consideration of the following documents:

(1) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, which petition was filed by petitioner pro se on March 19, 2013 ("Petition");[1]
(2) Petition for Stay and Abeyance of Petitioner[]s Timely Filed §[]2254 Federal Habeas Corpus Petition, which petition for stay and abeyance was filed by petitioner pro se on March 28, 2014;
(3) Response to Petition for Stay and Abeyance, which response was filed by respondents on May 2, 2014 ("Response"), together with Exhibits A through D to the Response; and
(4) Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated and filed June 10, 2014; it appearing that no objections have been filed to the Report and Recommendation of Magistrate Judge Hey;[2] it further appearing that after review of this matter that Magistrate Judge Hey's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORDERED that Magistrate Judge Hey's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that the petition for habeas corpus relief is stayed and all proceedings are held in abeyance until conclusion of petitioner's state court proceedings.[3]

IT IS FURTHER ORDERED that petitioner and respondents shall notify the court within 30 days after the completion of the state-court proceedings. Failure to do so may result in the dismissal of the within petition.


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