Sandusky v. Hainsworth

Full title: GERALD SANDUSKY, Petitioner v. MELISSA HAINSWORTH, et al ., Respondents

Court: United States District Court, Middle District of Pennsylvania

Date published: Apr 28, 2022

Civil Action 3:22-500 (M.D. Pa. Apr. 28, 2022)

Opinion

Civil Action 3:22-500

04-28-2022

GERALD SANDUSKY, Petitioner v. MELISSA HAINSWORTH, et al ., Respondents

MALACHY E. MANNION, United States District Judge.

SAPORITO, M.J.

ORDER

MALACHY E. MANNION, United States District Judge.

In accordance with the memorandum issued this same day, IT IS

HEREBY ORDERED THAT:

(1) the Report of Judge Saporito, (Doc. 2), is ADOPTED IN PART, to the extent that it finds the court lacks jurisdiction over the petitioner's habeas petition, (Doc. 1), challenging his conviction;

(2) the petitioner's objections to the Report, (Doc. 4), are OVERRULED IN PART, regarding the jurisdictional issue, and SUSTAINED IN PART, to the extent that the petitioner requests the court to stay his habeas petition until he is resentenced;

(3) the petitioner's habeas petition is STAYED and held in abeyance pending his resentencing;

(4) counsel for the petitioner is directed to advise the court after the petitioner is resentenced so that the court can lift the stay; and

(5) the Clerk of Court is directed to REMAND THIS CASE to Judge Saporito for further proceedings consistent with the accompanying Memorandum.