McCloud v. Overmyer

Full title: MUSTAFA MCCLOUD, Petitioner, v. M.D. OVERMYER, et al., Respondents.

Court: United States District Court, E.D. Pennsylvania

Date published: May 31, 2022

Civil Action 14-cv-6948 (E.D. Pa. May. 31, 2022)

Opinion

Civil Action 14-cv-6948

05-31-2022

MUSTAFA MCCLOUD, Petitioner, v. M.D. OVERMYER, et al., Respondents.

JOEL H. SLOMSKY, J.

ORDER

JOEL H. SLOMSKY, J.

AND NOW, this 31st day of May 2022, upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 , and after review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, noting no party has objected, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The petition for writ of habeas corpus is STAYED and held in ABEYANCE while Petitioner litigates his PCRA petition in the state courts. The Clerk of Court shall place this case in SUSPENSE.

3. Petitioner shall notify the District Court within thirty days of the conclusion of the state court proceedings. At that time, Petitioner shall provide a written status report detailing the conclusion of his state court proceedings, and include a copy of the relevant state court disposition. Petitioner shall inform the District Court whether the state court proceedings impacted his habeas petition in any way.