HARPER v. LAWLER et al

Filing 13

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AS UNTIMELY. THE PETITIONER HAVING FAILED TO MAKE A SUSBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT THERE IS NO GROUND TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 7/13/10. 7/13/10 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

HARPER v. LAWLER et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : CIVIL ACTION : : No. 10-0367 : : : : : Order YOHN, J. And now, this 9th day of July, 2010, upon careful consideration of the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, the government's response, the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter, and petitioner's objections thereto, it is hereby ORDERED that: 1. Petitioner's objections are OVERRULED. 2. The Report and Recommendation of United States Magistrate Judge Thomas J. Rueter is APPROVED and ADOPTED. 3. The petition for writ of habeas corpus is DISMISSED as untimely. 5. The petitioner having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability, see 28 U.S.C. § 2253(c). 6. The Clerk shall CLOSE this case statistically.

SAMUEL D. HARPER, Petitioner, v. RAYMOND J. LAWLER, et al., Respondents

/s/ William H. Yohn Jr. William H. Yohn Jr., Judge

Dockets.Justia.com