Morningwake v. Wetzel et al
| Dwayne Morningwake |
| PA State Attorney General, Michael Harlow and John E. Wetzel |
| 3:2013cv01698 |
| June 21, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Erie |
| Martin C. Carlson |
| Edwin M. Kosik |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
7
MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED THAT the petitioners unopposed motion to stay (Doc. 4.) is GRANTED and this case is STAYED pending further order of the Court. We further note that, prior to the appointment of counsel in this case, the petitioner 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 ha beas 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 However, in any event, given the subsequent appointment of counsel for the petitioner, this motion will be deemed WITHDRAWN and dismissed without prejudice to renewal by counsel if counsel deems it necessary.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 THA T within 30 days of the termination of the petitioners related state-court PCRA proceedings, the petitioner shall file a written status report with the Court to inform the Court of the outcome of his state-court proceedings, and shall include a copy of the relevant state-court dispositions. Signed by Magistrate Judge Martin C. Carlson on July 18, 2013. (kjn)
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