GALLOWAY v. SMITH et al

Filing 19

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AS UNTIMELY; A CERTIFICATE OF APPEALABILTIY SHALL NOT ISSUE AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 11/13/17. 11/14/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEITH GALLOWAY
v.
SUPERINTENDENT BARRY SMITH, et
al.

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CIVIL ACTION
No. 16-5809

ORDER
AND NOW, this 13th day of November, 2017, upon careful consideration of Petitioner
Keith Galloway’s pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus, the
response thereto, and Petitioner’s reply, and after independent review of the Report and
Recommendation of United States Magistrate Judge Marilyn Heffley, to which no objections
have been filed to date,1 it is ORDERED:
1.

The Report and Recommendation (Document 16) is APPROVED and

ADOPTED;
2.

Galloway’s Petition for Writ of Habeas Corpus (Document 3) is DISMISSED as

untimely;
3.

Galloway having failed to show that jurists of reason would find it debatable

whether his habeas petition is untimely, a certificate of appealability shall not issue; and
4.

The Clerk of Court is directed to mark this case CLOSED.
BY THE COURT:
/s/ Juan R. Sánchez
Juan R. Sánchez, J.

1

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The Report and Recommendation was sent to all parties of record on October 20, 2017,
together with a Notice from the Clerk of Court advising the parties of their obligation to file any
objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any
party may object to a magistrate judge’s proposed findings, recommendations or report under 28
U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after
being served with a copy thereof.”). As of today’s date, no objections have been filed.

2