GARRUS v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE HEY IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS CONSIDERED AN AMENDMENT TO THE PETITION FILED IN 07-CV-187; THE CLAIMS RAISED IN THIS PETITION ARE DISMISSED AS UNTIMELY AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABIITY. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/20/09. 8/20/09 ENTERED AND COPIES MAILED AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NAKIA WILLIAM GARRUS

v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al

: : : : : : : :

CIVIL ACTION

NO. 08-6058

ORDER AND NOW, this 20th day of August, 2009, upon consideration of the Petition for Writ of Habeas Corpus (Docket No. 1), the Respondents' Answer to Petition for Writ of Habeas Corpus, the Report and Recommendation filed by United States Magistrate Judge Elizabeth T. Hey and petitioner's letter in response to the Report and Recommendation in which he appears to request that the petition be withdrawn (Docket No. 11), and after a thorough and independent review of the record, it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Hey is APPROVED

and ADOPTED; 2. The Petition for Writ of Habeas Corpus is considered an amendment to the

petition filed at Civil Action No. 07-187; 3. 4. The claims raised in this petition are DISMISSED AS UNTIMELY; and, There is no probable cause to issue a certificate of appealability.

/s Timothy J.Savage TIMOTHY J. SAVAGE, J.