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16-3724 - MCLAUGHLIN v. THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA


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16-3724 - MCLAUGHLIN v. THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA
December 22, 2016
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MAGISTRATE JUDGE ELIZABETH T. HEY'S REPORT AND RECOMMENDATION THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE PLACED IN SUSPENSE PENDING PETITIONER'S EXHAUSTION OF STATE COURT REMEDIES AND THE ORDER FOR AN ANSWER BE VACATED. IT IS FURTHER RECOMMENDED THAT THE COURT REQUIRE PETITIONER AND RESPONDENTS TO NOTIFY THE COURT WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS SO THE HABEAS PETITION MAY PROCEED IN THIS COURT. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 12/22/16. (Attachments: # (1) envelope) 12/22/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, ) (Additional attachment(s) added on 12/22/2016: # (2) Notice) (pr, ).
January 9, 2017
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S MOTION TO STAY AND ABEY IS GRANTED; THE CLERK OF COURT IS DIRECTED TO PLACE THE PETITION FOR A WRIT OF HABEAS CORPUS IN CIVIL SUSPENSE UNTIL THE CONCLUSION OF PETITIONER'S STATE POST-CONVICTION PROCEEDINGS; PETITIONER AND THE DISTRICT ATTORNEY SHALL NOTIFY THE COURT WITHIN THRITY (30) DAYS OF THE CONCLUSION OF THE STATE POST-CONVICTION PROCEEDINGS SO THE HABEAS PETITION MAY PROCEED IN THIS COURT; AND PETITIONER'S MOTION TO APPOINT COUNSEL 9, IS DENIED, WITHOUT PREJUDICE. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/6/17. 1/9/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ti, )