MIKELL v. VARANO

Filing 6

ORDER THAT THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED. THE PETIITON FOR WRIT OF HABEAS CORPUS IS DISMISSED AS TIME-BARRED. A CERTIFICATE OF APPEALABILITY SHOULD NOT ISSUE, ETC; THE CLERK OF COURT SHALL CLOSE THIS CASE FOR ALL PURPOSES, INCLUDING STATISTICS.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/28/11. 3/1/11 ENTERED AND COPIES MAILED TO PRO SE.(lvj, )

MIKELL v. VARANO

Doc. 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WILLIAM MIKELL, Petitioner, v. DAVID A. VARANO, et al., Respondents. : : : : : : : : : CIVIL ACTION NO. 10-7095

ORDER AND NOW, this 28th day of February, 2011, upon consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254; the Report and Recommendation of U.S. Magistrate Judge L. Felipe Restrepo, and Petitioner's Objections thereto, it is hereby ORDERED that: 1. 2. 3. The Report and Recommendation is APPROVED and ADOPTED. The Petition for Writ of Habeas Corpus is DISMISSED as time-barred. A certificate of appealability should not issue because Petitioner has failed to show that a reasonable jurist could conclude that the Court is incorrect in dismissing the Petition as time-barred. 4. The Clerk of Court shall close this case for all purposes, including statistics.

BY THE COURT: /s/ C. Darnell Jones II ____________________________ C. DARNELL JONES II, U.S.D.J.

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