SNEAD v. DIGUGLIELMO et al

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AS TIME BARRED AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE BECAUSE REASONABLE JURISTS WOULD NOT DEBATE THIS COURT'S RULINGS. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/20/09. 11/20/09 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED COUNSEL. (jpd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT SNEAD vs. DAVID DIGUGLIELMO; Superintendent, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA; and, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA : : : : : : : : : ORDER AND NOW, this 19th day of November, 2009, upon careful and independent consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 filed by petitioner, Robert Snead (Document No. 1, filed April 16, 2009), the record in this case, and the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated October 21, 2009, no objections having been filed, and the time for filing objections having expired, IT IS ORDERED as follows: 1. The Report and Recommendation of United States Magistrate Judge M. Faith Angell dated October 21, 2009 is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 filed by petitioner, Robert Snead, is DISMISSED as time-barred under 28 U.S.C. § 2244(d)(1); and, 3. A certificate of appealability WILL NOT ISSUE because reasonable jurists would not debate this Court's rulings. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). BY THE COURT: CIVIL ACTION

NO. 09-1629

/s/Jan E. DuBois___________ JAN E. DUBOIS, J.