HARRIS v. MOONEY et al

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AS UNTIMELY AND A CERTIFICATE OF APPEALABILTY SHALL NOT ISSUE; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/22/17. 8/23/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(jpd, )

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

CIVIL ACTION

v.

No. 17-540

SUPERINTENDENT MOONEY, et al.

FILED
AUG 22 2017
KATE BARKMAN, CJerk
By__
~Dep. Clmk

ORDER
AND NOW, this 22nd day of August, 2017, upon careful and independent consideration
of Petitioner William Harris's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a
Person in State Custody, and upon de novo review of the Report and Recommendation of United
States Magistrate Judge Marilyn Heffley, to which no objections have been filed, 1 it is
ORDERED:
1.

The Report and Recommendation (Document 9) is APPROVED and ADOPTED;

2.

Harris's Petition for Writ of Habeas Corpus (Document 1) is DISMISSED as

untimely; and
3.

Harris having failed to make a substantial showing of the denial of a

constitutional right, a certificate of appealability shall not issue.
The Clerk of Court is DIRECTED to mark this case CLOSED.
BY THE COURT:

--a
1

The Report and Recommendation was sent to all parties of record on June 29, 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)(l)(B), and subsections l(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.