BROWN v. KERESTS et al

Filing 7

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT AND EVIDENTIARY HEARING AS UNTIMELY AND A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/20/13. 11/21/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEVIN BROWN,

F~LE~D

Petitioner,

13- 'ISS.!

v.

Civ.No.-

JOHN W. KERESTS, eta/.,
Defendants.

ORDER
AND NOW, this 20th day of November, 2013, upon consideration of Kevin
Brown's Petition for habeas relief pursuant to 28 U.S.C. § 2254, Defendants'
response, and the Report and Recommendation of the Magistrate Judge, to which
no objections have been filed, it is hereby ORDERED as follows:
1. The Report and Recommendation (Doc. No. 6) is APPROVED and
ADOPTED;
2. The "Petition for Writ of Habeas Corpus" (Doc. No. I) Is
DISMISSED without an evidentiary hearing as untimely; and
3. A certificate of appealability shall not issue.
AND IT IS SO ORDERED.

Paul S. Diamond, J.