Morningwake v. Wetzel et al
Dwayne Morningwake |
Michael Harlow, John Wetzel and PA State Attorney General |
3:2013cv01668 |
June 20, 2013 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Erie |
Martin C. Carlson |
William J. Nealon |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 8 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED THAT the petitioners unopposedmotion to stay (Doc. 4.) is GRANTED and this case is STAYED pending furtherorder of the Court. We further note that, prior to he appointment of counsel in this case, the petit ioner had filed a pro se motion seeking leave to file a second habeas petition. (Doc. 2.) We doubt that such leave is necessary since the motion may be based on the erroneous premise that a state PCRA petition equates with a federal habeas petition. However, in any event, given the subsequent appointment of counsel for the petitioner, this motion will be deemed WITHDRAWN and dismissed without prejudice to renewal by counsel if counsel deems it necessary. IT IS FURTHER ORDERED THAT within 30 days of the termination of the petitioners related state-court PCRA proceedings, the petitioner shall file a written status report. Signed by Magistrate Judge Martin C. Carlson on July 12, 2013. (kjn) |
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