Small v. Oberlander

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ERIC EUGENE SMALL, Civil No. 3:22-cv-259 Petitioner . (Judge Mariani) V. sonieD DEREK F. OBERLANDER, ef al, FEB 2 4 2020 Respondents ot Pl ORDER AND NOW, this AY? day of February, 2022, upon consideration of Petitioner's motion (Doc. 3) to stay, wherein he requests that his federal habeas petition be held in abeyance while he exhausts his state court claims, and upon further consideration of the docket entries in the Court of Common Pleas of Dauphin County electronic docket sheet number CP-22-CR-0001458-2011, https://ujsportal.pacourts.us/, and it being clear that Petitioner is presently pursuing claims in a second Post-Conviction Relief Act (“PCRA’) Petition, 42 Pa. Cons. Stat. §§ 9541-46, that are inextricably intertwined with certain claims raised in the instant petition for writ of habeas corpus, and it appearing that it is appropriate to stay this matter in accordance with the stay and abeyance rule announced in Crews v. Horn, 360 F.3d 146, 151 (3d Cir. 2004) (finding that “[s]taying a habeas petition pending exhaustion of state remedies is a permissible and effective way to avoid barring from federal court a petitioner who timely files a mixed petition”), IT IS HEREBY ORDERED THAT: .

1. Petitioner's motion (Doc. 3) to stay is GRANTED. 2. This action is STAYED pending further Order of Court. 3. Within sixty (60) days of the date on which his state post-conviction remedies conclude, Petitioner shall FILE in federal court a notice apprising the Court of the completion date of state court proceedings and whether he intends on pursuing his federal habeas petition. 4. Failure to comply with the time requirements set forth above will result in the stay being vacated nunc pro tunc. Crews, 360 F.3d at 154, citing Zarvela v. Artuz, 254 F.3d 374, 380 (2d Cir. 2001). 5. The Clerk of Court is directed to CLOSE this case for statistical purposes only. Cy Ft MAMMAL] Robert-B-Mariani) . United States District Judge