MILLER v. MOONEY

Filing 8

ORDER THAT THE REVISED HABEAS PETITION, ECF NO. 5, IS DISMISSED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/19/16. 12/20/16 ENTERED AND COPIES MAILED. (er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
GENE W. MILLER,

:
:
:
v.
:
:
WARDEN MR. MOONEY and DISTRICT
:
ATTORNEY of PHILADELPHIA COUNTY, :
Respondents.
:
_______________________________________
Petitioner,

No. 2:16-CV-5041

ORDER
AND NOW, this 19th day of December, 2016, for the reasons set forth in the
Memorandum issued this date, IT IS HEREBY ORDERED THAT:
1.

The revised habeas petition, ECF No. 5, is DISMISSED;

2.

There is no basis for the issuance of a certificate of appealability; 1 and

3.

The Clerk of Court shall CLOSE this case.

BY THE COURT:

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

1

Reasonable jurists would not find it debatable or wrong that the habeas petition is timebarred. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (holding that
for a certificate of appealability to issue when a habeas petition has been dismissed on procedural
grounds, a petitioner must make a substantial showing of the denial of a constitutional right and
show that jurists of reason could conclude that the dismissal was debatable or incorrect).