HENDERSON v. COURT OF COMMON PLEAS - PHILA. CO. et al

Filing 12

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISMISSED AS UNTIMELY WITHOUT AN EVIDENTIARY HEARING. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. PETITIONER'S MOTION FOR AN IMMEDIATE HEARING (DOC. NO. 6 ), IS DENIED AS MOOT. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/18/2017. 9/18/2017 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(amas)

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

MARK HENDERSON,
Petition,
v.
COURT OF COMMON PLEAS,
OF PHILADELPHIA COUNTY, et al.
Respondent.

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CIVIL ACTION

NO. 17-0111

ORDER

AND NOW, this 18th day of September, 2017, upon consideration of the Petition
for Writ of Habeas Corpus (Doc. No. 1); Respondents’ Response in Opposition (Doc. No. 9), the
August 14, 2017 Report and Recommendation of Magistrate Judge Thomas J. Rueter (Doc. No.
10) to which Petitioner has not objected, and after a thorough and independent review of the
record, it is hereby ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The Petition for Writ of Habeas Corpus is DENIED with prejudice and
DISMISSED as untimely without an evidentiary hearing;

3.

There is no probable cause to issue a certificate of appealability.

It is FURTHER ORDERED that Petitioner’s Motion for an Immediate Hearing (Doc.
No. 6) is DENIED AS MOOT.
BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.