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McIntyre v. Glunt

United States District Court, E.D. Pennsylvania

March 25, 2015

JEROME McINTYRE, Jr., Petitioner-pro se,
v.
STEPHEN E. GLUNT, et al., Respondents.

ORDER

NITZA I. QUINONES ALEJANDRO, District Judge.

AND NOW, this 25th day of March 2015, upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. ยง 2254, and a review of the Report and Recommendation submitted by United States Magistrate Judge Lynn A. Sitarski, it is hereby ORDERED that:

1. the Petitioner's objections to the Report and Recommendation are OVERRULED, in part;
2. the Report and Recommendation is APPROVED and ADOPTED, in part;
3. the Petitioner's request for a stay and abeyance is GRANTED;
4. this habeas corpus action is STAYED and HELD IN ABEYANCE until resolution of the pending related state court proceedings;[1]
5. the Petitioner and Respondents shall continue to monitor the state court proceedings and report to this Court the conclusion of said proceedings; and
6. there is no basis to issue a certificate of appealability.

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