MINOR v. TRITT

Filing 28

ORDER OF 4/4/2019 THAT FOR THE REASONS SET FORTH IN THE OPINION ISSUED THIS DATE AND UPON CONSIDERATION OF THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE: THOMAS J. RUETER, ECR NO. 21; AND PETITIONER'S OBJECTIONS TO THE R&R, ECF NO. 24, IT IS ORDERED THAT; PETITIONER'S OBJECTIONS TO THE R&R, ECF NO. 24, ARE OVERRULED; THE R&R, IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS ECF NO. 1, IS DISMISSD AS TIME BARRED. PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARI NG IS DENIED. PETITIONER'S MOTION FOR LEAVE TO FILE AN AMENDED SUPPLEMENTARY PLEADINGS TO PETITION, IS GRANTED. THIS CASE IS CLOSED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY JUDGE: JOSEPH F. LEESON, JR., ON 4/4/2019. 4/4/2019 ENTERED AND COPIES MAILED AND E-MAILED. (DT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
FRED MINOR,
Petitioner,
v.

MICHAEL D. OVERMYER; and
THE DISTRICT ATTORNEY OF THE
COUNTY OF PHILADELPHIA,
Respondents.

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No. 16-cv-03027

ORDER
AND NOW, this 4th day of April, 2019, for the reasons set forth in the Opinion issued
this date and upon consideration of the Report and Recommendation (“R&R”) of United States
Magistrate Judge Thomas J. Rueter, ECF No. 21; and Petitioner’s Objections to the R&R, ECF
No. 24, IT IS ORDERED THAT:
1.
2.
3.

Petitioner’s Objections to the R&R, ECF No. 24, are OVERRULED.
The R&R, ECF No. 21, is APPROVED and ADOPTED.
The Petition for Writ of Habeas Corpus, ECF No. 1, is DISMISSED as time-

barred.
4.
Petitioner’s request for an evidentiary hearing is DENIED.
5.
Petitioner’s Motion for Leave to File an Amended Supplementary Pleadings to
Petition, ECF No. 19, is GRANTED.
6.
This case is CLOSED.
7.
There is no basis for the issuance of a certificate of appealability.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge

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