ZAMICHIELI v. MOONEY et al

Filing 25

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. MR. ZAMICHIELI'S PETITION FOR WRIT OF HABEAS CORPUS (ECF DOC. NO. 1) IS DISMISSED; THERE IS NO GOOD FAITH BASIS FOR A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/5/17. 10/5/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LAMAR L. ZAMICHIELI

CIVIL ACTION

v.
NO. 16-6325
MOONEY, et al
ORDER
AND NOW this 5th day of October 2017, upon independent review of United States

Magistrate Judge Marilyn Heffley's September 19, 2017 Report and Recommendation (ECF Doc.
No. 21) recommending a denial of the Petitioner's untimely Petition for writ of habeas corpus
under 28 U.S.C. § 2254 (ECF Doc. No. 1), Petitioner's Objections (ECF Doc. No. 24), and finding
no good faith evidentiary basis to except this Petition from the one-year limitations period based
on equitable tolling, it is ORDERED:
1.

We ADOPT and APPROVE United States Magistrate Judge Heffley's September

19, 2017 Report and Recommendation (ECF Doc. No. 21);

2.

Mr. Zamichieli's Petition for writ of habeas corpus (ECF Doc. No. 1) is

DISMISSED;

3.

There is no good faith basis for a certificate of appealability; and,

4.

The Clerk of Court shall close this case.