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Johnson v. Kerestes

United States District Court, Eastern District of Pennsylvania

May 4, 2015

KEVIN F. JOHNSON, Petitioner,
v.
JOHN KERESTES, et. al., Respondent.

ORDER

LAWRENCE F. STENGEL, J.

AND NOW, this 4th day of May 2015, upon careful and independent consideration of the petition for writ of habeas corpus, doc. no. 1, the response to the petition, doc. no. 6, petitioner’s two motions for discovery, doc. nos. 21, 36, and petitioner’s “motion for expedited discovery, for order directing petitioner’s counsel to exhaust state remedies and for order staying and abeying federal habeas proceedings, ” doc. no. 38, and the response thereto, doc. no. 41, and petitioner’s reply, doc. no. 44, and after review of Magistrate Judge Henry Perkin’s report and recommendation, doc. no. 45, to which no timely objection has been made, IT IS HEREBY ORDERED that:

1. The report and recommendation is APPROVED and ADOPTED.[1]

2. Petitioner’s motions for discovery, doc. nos. 21, 36, are DENIED without prejudice.[2]

3. Petitioner’s “motion for expedited discovery, for order directing petitioner’s counsel to exhaust state remedies and for order staying and abeying federal habeas proceedings, ” doc. no. 38, is GRANTED in part.[3]

4. The petition for a writ of Habeas Corpus is STAYED and held in ABEYANCE until the conclusion of petitioner’s state appellate proceedings.

5. The clerk is directed to place this case in CIVIL SUSPENSE.

6. Petitioner’s counsel shall notify this court within 30 days of the termination of state court proceedings.

7. Petitioner’s “motion for expedited discovery, for order directing petitioner’s counsel to exhaust state remedies and for order staying and abeying federal habeas proceedings, ” doc. no. 38, is otherwise DENIED.

8. There is no probable cause to issue a certificate of appealability.


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