MILLER v. MOONEY
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,
WARDEN MR. MOONEY and DISTRICT
ATTORNEY of PHILADELPHIA COUNTY, :
AND NOW, this 19th day of December, 2016, for the reasons set forth in the
Memorandum issued this date, IT IS HEREBY ORDERED THAT:
The revised habeas petition, ECF No. 5, is DISMISSED;
There is no basis for the issuance of a certificate of appealability; 1 and
The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge
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).
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