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Cisne v. Mooney

United States District Court, E.D. Pennsylvania

January 8, 2015

JASON CISNE, Petitioner,
v.
VINCENT MOONEY, ET AL., Respondents.

ORDER

MITCHELL S. GOLDBERG, District Judge.

AND NOW, this 8th day of January, 2015, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, Petitioner's "Motion for Stay and Abeyance, " the response thereto, Respondents' "Motion for Clarification of Proposed Order, " and after review of the Report and Recommendation of United States Magistrate Judge Richard A. Lloret, and there being no objections to the Report and Recommendation[1], it is hereby ORDERED that:

1. The Report and Recommendation (doc. no. 11) is APPROVED and ADOPTED;
2. Petitioner's "Motion for Stay and Abeyance" (doc. no. 2) is GRANTED;
3. Respondents' "Motion for Clarification of Proposed Order" (doc. no. 12) is GRANTED;
4. The Petition for Writ of Habeas Corpus (doc. no. 1) is STAYED and HELD IN ABEYANCE while Petitioner's PCRA petition/appeal is pending in Pennsylvania courts; and
5. Petitioner must notify this Court of his intent to proceed with his federal habeas Petition within thirty (30) days of the date his PCRA petition/appeal is no longer pending to avoid dismissal of this Petition.

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