SELLERS v. COMMONWEALTH OF PENNSYLVANIA et al
ORDER THAT JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION (DOC. NO. 5) IS APPROVED AND ADOPTED. PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; WE DECLINE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 11/17/14. 11/18/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(pr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PENNSYLVANIA, et al.
AND NOW, this 17th day of November, 2014, upon consideration of petitioner
Fredrick Sellers’ pro se petition for writ of habeas corpus (docket entry #1), our Order referring
this matter to the Hon. David R. Strawbridge for a report and recommendation (docket entry #3),
and that report and recommendation (docket entry #5), to which petitioner did not object within
the period specified by Loc. R. Civ. P. 72.1 IV (b), and the Court agreeing with Judge
Strawbridge that the petition was untimely pursuant to 28 U.S.C. § 2254(d), there is no basis to
equitably toll the statute of limitations, there is no need to require the respondent to respond, and
jurists of reason would not debate the correctness of this procedural ruling, see Slack v.
McDaniel, 529 U.S. 473, 484 (2000), it is hereby ORDERED that:
Judge Strawbridge’s report and recommendation (docket entry #5) is
APPROVED and ADOPTED;
Petitioner’s pro se petition for writ of habeas corpus (docket entry #1) is
DENIED WITH PREJUDICE;
We DECLINE to issue a certificate of appealability; and
The Clerk of Court shall CLOSE this case statistically.
BY THE COURT:
/s/ Stewart Dalzell, J.
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