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Curry v. Rosum

United States District Court, E.D. Pennsylvania

April 30, 2015

KENDALL CURRY, Petitioner,
v.
GERALD ROSUM, Respondent.

ORDER

CYNTHIA M. RUFE, District Judge.

AND NOW, this 29th day of April 2015, upon careful and independent consideration of the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2241 [Doc. No. 1] and Petitioner's Motion Requesting Stay [Doc. No. 2], all memoranda and exhibits in support of the Petition, the Respondents' response thereto, and the entire record in this case, and upon review of the Report and Recommendation ("R&R") of United States Magistrate Judge Linda K. Caracappa [Doc. No. 16], and having reviewed de novo the grounds on which Petitioner objected, and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that:

1. The Motion Requesting Stay is GRANTED as follows: The Clerk of Court shall place this case into STAY AND CIVIL SUSPENSE pending exhaustion of Petitioner's second petition pursuant to the Pennsylvania Post Conviction Relief Act ("PCRA").
Upon a final disposition of Petitioner's second PCRA petition, Petitioner and Respondent shall each FILE written notice of such final disposition within 30 days.
2. The Court DECLINES TO ADOPT the R&R; and
3. Petitioner's objections [Doc. No. 17] are DISMISSED as MOOT.

IT IS SO ORDERED.


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