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, )

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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. ยง 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).

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