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Bahr v. The District Attorney of The County of Lehigh

United States District Court, E.D. Pennsylvania

October 2, 2014

BRIAN BAHR, Petitioner,
v.
THE DISTRICT ATTORNEY OF THE COUNTY OF LEHIGH; THE ATTORNEY GENERAL OF THE STATE OF PA; JOHN E. WETZEL, Secretary Pennsylvania Department of Corrections; and LAUREL HARRY, Superintendent of the State Correctional Institution at Camp Hill, Respondents.

ORDER

JAMES KNOLL GARDNER, District Judge.

NOW, this 30th day of September, 2014, upon consideration of the following documents:

(1) Petition for a Writ of Habeas Corpus, filed June 24, 2013;
(2) [Amended] Petition Under 28 U.S.C. ยง 2254 for Writ of Habeas Corpus by a Person in State Custody, which petition is dated September 12, 2013 and was filed on September 20, 2013;[1] and
(3) Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski dated December 19, 2013 and filed December 20, 2013; it appearing that as of the date of this Order no objections have been filed to the Report and Recommendation of Magistrate Judge Sitarski; it further appearing after review of this matter that Magistrate Judge Sitarski'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 Sitarski'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 and the final decision of the United States Court of Appeals for the Third Circuit in Songster v. Secretary Pennsylvania Department of Corrections, No. C.A. 12-3941, to resolve the question of the retroactive application of Miller v. Alabama, ___ U.S. ____ , 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).[2]

IT IS FURTHER ORDERED that the Clerk of Court shall place this matter in civil suspense until further Order of court.

IT IS FURTHER ORDERED that petitioner shall notify the court within 45 days following the conclusion of his state court proceedings. Failure to do so may result in dismissal of the within petition.


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