FORD v. SHANNON et al

Filing 23

ORDER THAT PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMENDATION ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETTION FOR WRIT OF HABEAS CORPUS IS DENIED AND THE REVISED PETITION IS DISMISSED AS UNTIMELY FILED. THE COURT DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY BECAUSE THE PETITIONER HAS FAILED TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/7/10. 7/8/10 ENTERED AND COPIES MAILED TO PRO SE PETTIONER AND E-MAILED.(jpd)

F O R D v. SHANNON et al

Do c. 23

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA H A R O LD FORD v. M IC H A E L WENEROWICZ, ET AL. : : : : : C IV IL ACTION

N O . 09-3537

ORDER A N D NOW, this 7th day of July, 2010, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1) and the revised P etition (Docket No. 5), and after review of United States Magistrate Judge Elizabeth T. Hey's Report and Recommendation (Docket No. 19), and consideration of Petitioner's Objections and Supplemental O b jectio n s thereto (Docket Nos. 20, 21), IT IS HEREBY ORDERED as follows: 1. 2.

Petitioner's Objections to the Report and Recommendation are OVERRULED.
Th e Report and Recommendation of Judge Hey is APPROVED and ADOPTED as set

forth in our Memorandum of this date.
3. T h e Petition for a Writ of Habeas Corpus is DENIED and the revised Petition is D IS M IS S E D as untimely filed. 4. B eca u se the Petitioner has failed to make a substantial showing of the denial of a co n stitu tio n al right, the Court declines to issue a certificate of appealability under 28 U .S .C . § 2253(c)(2). 5. T h e Clerk shall CLOSE this case statistically.

B Y THE COURT:

/s/ John R. Padova John R. Padova, J.

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