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08-1651 - EURE v. DIGUGLIELMO et al


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08-1651 - EURE v. DIGUGLIELMO et al
September 23, 2008
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REPORT AND RECOMMENDATION THAT THE INSTANT PETITION FOR WRIT OF HABEAS CORPUS SHOULD BE HELD IN ABEYANCE PENDING PETITIONERS EXHAUSTION OF CLAIMS IN THE PENNSYLVANIA COURTS. WITHIN THIRTY DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS, INCLUDING ANY APPELLATE PROCEEDINGS RELATED THERETO, PETITIONER SHOULD BE ORDERED TO NOTIFY THE COURT THAT THOSE PROCEEDINGS ARE CONCLUDED AND THE CASE IS READY TO PROCEED IN THIS COURT. THE PETITIONER MAY FILE OBJECTIONS TO THIS REPORT AND RECOMMENDATION. SEE LOCAL CIV. RULE 72.1. FAILURE TO FILE TIMELY OBJECTIONS MAY CONSTITUTE A WAIVER OF ANY APPELLATE RIGHTS. OBJECTIONS TO R&R DUE BY 10/15/2008. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/23/08. (Attachments: # (1) Order) 9/24/08 ENTERED AND COPIES MAILED.(er, )
November 3, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION. THIS CIVIL ACTION IS STAYED UNTIL DISPOSITION BY THE STATE COURTS OF PETITIONER'S UNEXHAUSTED CLAIMS. PETITIONER SHALL RESUME THESE PROCEEDINGS WITHIN 30 DAYS AFTER EXHAUSTING HIS STATE COURT REMEDIES. THE CLERK OF COURT SHALL MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/31/08. 11/3/08 ENTERED AND COPIES MAILED, E-MAILED.(lisad, )
July 11, 2016
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; EURE'S AMENDED PETITION FOR WRIT OF HABEAS CORPUS UNDER SECTION 2254 IS DENIED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE UNDER 28 USC, SECTION 2253(c)(1)(A) BECAUSE EURE HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/11/16. 7/11/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )