SISTRUNK v. ROZUM et al

Filing 20

SUPPLEMENTAL REPORT AND RECOMMENDATION THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE DISMISSED AS UNTIMELY FILED. THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. OBJECTIONS TO R&R DUE BY 3/17/2009. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 2/24/09. (Attachments: # 1 order) 2/25/09 ENTERED AND COPIES MAILED, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA E D W A R D SISTRUNK v. G E R A L D ROZUM, et al. : : : : : ORDER C IV IL ACTION

N O . 06-5630

A N D NOW, this

day of

, 2009,

u p o n careful and independent consideration of the petition for writ of habeas corpus, and a f te r review of the Supplemental Report and Recommendation of United States M a g istra te Judge Elizabeth T. Hey, IT IS ORDERED that: 1 . The Supplemental Report and Recommendation is APPROVED and A D O PTED . 2 . The petition for a writ of habeas corpus is DISMISSED as untimely f ile d . 3 . There is no basis for the issuance of a certificate of appealability.

B Y THE COURT:

JOHN R. PADOVA, J.

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