HARRIS v. COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al

Filing 14

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISMISSED AS UNTIMELY; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE, ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/30/14. 10/31/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LAVAR HARRIS,

:
:
:
v.
:
:
COMMONWEALTH OF
:
PENNSYLVANIA BOARD OF
:
PROBATION AND PAROLE, et al.
:
Respondents.
:
____________________________________:

CIVIL ACTION

Petitioner

No. 14-1901

ORDER
AND NOW, this 30th day of October, 2014, upon careful and independent consideration
of the petition for a writ of habeas corpus and after review of the Report and Recommendation of
United States Magistrate Judge Lynne A. Sitarski, it is hereby ORDERED that:
1. Petitioner’s objections are OVERRULED.1
2. The Report and Recommended is APPROVED and ADOPTED.
3. The Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED
as untimely;
4. A certificate of appealability SHALL NOT issue, in that Petitioner has not
demonstrated that a reasonable jurist would debate the correctness of this ruling. See
28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and

1

The Report and Recommendation correctly finds that Petitioner’s claims are untimely and are
thus procedurally barred. Therefore, to the extent that Petitioner’s objections restate the alleged
substantive grounds for relief found in his petition, they need not be considered. Regarding
Petitioner’s argument that an objection to an illegal sentence cannot be waived, while this is a
true statement of Pennsylvania law, it does not alter or override the timeliness requirements for
filing a habeas corpus petition set forth in 28 U.S.C. § 2244. Lomazoff v. Walters, 63 F. Supp. 2d
663, 666 (E.D. Pa. 1999). Accordingly, Petitioner’s objections are overruled.

5. The Clerk of the Court shall mark this case CLOSED for statistical purposes.

BY THE COURT:
/s/ Mitchell S. Goldberg
_________________________
MITCHELL S. GOLDBERG, J.