KENNEDY v. CAPOZZA

KENNEDY v. CAPOZZA

Case Number:	2:2020cv02438
Filed:	January 8, 2021
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Philadelphia Office
Nature of Suit:	Habeas Corpus: (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
January 8, 2021	Filing 13 ORDER OF 1/7/21 THAT UPON CONSIDERATION OF PETITIONER'S MOTION TO STAY AND HOLD IN ABEYANCE, ECF NO.1; THE RESPONSES THERETO NOTING THE RESPONDENTS DO NOT OPPOSE THE MOTION, ECF NO. 9; THE REPORT AND RECOMMENDATION ISSUED BY MAGISTRATE JUDGE RI CE ON NOVEMBER 16, 2020, ECF NO. 12; IN THE ABSENCE OF OBJECTIONS TO THE REPORT AND RECOMMENDATION; AND FOR THE REASONS SET FORTH IN THE REPORT AND RECOMMENDATION, IT IS ORDERED THAT: THE REPORT AND RECOMMENDATION, ECF NO. 12, IS ADOPTED. THE PETITIO N FOR WRIT OF HABEAS CORPUS, ECF NO. 1, IS STAYED AND HELD IN ABEYANCE. PETITIONER'S MOTION NOTIFYING THE COURT AS TO THE STATUS OF PETITIONER'S STATE COURT LITIGATION, ECF NO. 4, IS DISMISSED. PETITIONER SHALL NOTIFY THIS COURT WITHIN 30 D AYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS. IF PETITIONER DOES NOT TIMELY INFORM THIS COURT OF THE CONCLUSION OF HIS STATE COURT PROCEEDINGS, THIS STAY AND ABEYANCE ORDER WILL BE VACATED AND HIS PETITION WILL BE DISMISSED WITHOUT PREJUDICE. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 1/7/21. 1/8/21 ENTERED AND COPIES E-MAILED. (DT) (COPY NOT MAILED TO PRO SE) Modified on 1/8/2021 (dt, ).

Date Filed

Document Text

January 8, 2021

Filing 13 ORDER OF 1/7/21 THAT UPON CONSIDERATION OF PETITIONER'S MOTION TO STAY AND HOLD IN ABEYANCE, ECF NO.1; THE RESPONSES THERETO NOTING THE RESPONDENTS DO NOT OPPOSE THE MOTION, ECF NO. 9; THE REPORT AND RECOMMENDATION ISSUED BY MAGISTRATE JUDGE RI CE ON NOVEMBER 16, 2020, ECF NO. 12; IN THE ABSENCE OF OBJECTIONS TO THE REPORT AND RECOMMENDATION; AND FOR THE REASONS SET FORTH IN THE REPORT AND RECOMMENDATION, IT IS ORDERED THAT: THE REPORT AND RECOMMENDATION, ECF NO. 12, IS ADOPTED. THE PETITIO N FOR WRIT OF HABEAS CORPUS, ECF NO. 1, IS STAYED AND HELD IN ABEYANCE. PETITIONER'S MOTION NOTIFYING THE COURT AS TO THE STATUS OF PETITIONER'S STATE COURT LITIGATION, ECF NO. 4, IS DISMISSED. PETITIONER SHALL NOTIFY THIS COURT WITHIN 30 D AYS FOLLOWING THE CONCLUSION OF HIS STATE COURT PROCEEDINGS. IF PETITIONER DOES NOT TIMELY INFORM THIS COURT OF THE CONCLUSION OF HIS STATE COURT PROCEEDINGS, THIS STAY AND ABEYANCE ORDER WILL BE VACATED AND HIS PETITION WILL BE DISMISSED WITHOUT PREJUDICE. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 1/7/21. 1/8/21 ENTERED AND COPIES E-MAILED. (DT) (COPY NOT MAILED TO PRO SE) Modified on 1/8/2021 (dt, ).

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