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13-2687 - FIGUEROA v. WERNEROWICZ et al


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13-2687 - FIGUEROA v. WERNEROWICZ et al
July 12, 2013
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SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 7/12/13. (Attachments: # (1) RR Ntc). 7/15/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED AND FAXED FROM CHAMBERS.(jpd, )REPORT AND RECOMMENDATION THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE STAYED AND HELD IN ABEYANCE. IT IS FURTHER RECOMMENDED THAT IF PETITIONER FAILS TO RETURN TO FEDERAL COURT WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF HIS STATE COURT PROCEEDINGS, THIS ORDER WILL BE VACATED AND HIS PETITION BE DISMISSED WITHOUT PREJUDICE. IT IS FURTHER RECOMMENDED THAT PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL BE DENIED AND THAT THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.
July 30, 2013
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S MOTION FOR STAY IS GRANTED; THE PETITION UNDER 28 USC, SECTION 2254 FOR WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS. PETITIONER SHALL RETURN TO FEDERAL COURT WITHIN THIRTY (30) DAYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS. PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL IS DENIED WITHOUT PREJUDICE, ETC. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/29/13. 7/30/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )
February 16, 2018
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ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE AND THE CLERK OF COURT SHALL CLOSE THIS MATTER. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/16/18. 2/16/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )