BROWN v. TICE et al

Filing 24

ORDERED THAT PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AS UNTIMELY AND WITHOUT AN EVIDENTIARY HEARING ABD THERE IS NO POROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/3/18. 10/4/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

--·------------RAHEE:vl BROWN,

CIVIL ACTIO'.'l

Petitioner,
'.'io. 17-2778

v.

FILED

S-CPERINTENDENT ERIC TICE, ET AL.

OCT -3 2018

Respondents.

KATE BARKMAN. Clerk

---·--

By_ _Dep. Clerk

ORDER
AND NOW, this ~ a y of October, 2018, upon consideration of the Petition for Writ
of Habeas Corpus (Doc. :'Jo. 1), Respondents' Answer thereto (Doc. No. 12), Petitioner's
"Response to the Respondents' Answer" (Doc. No. 17), the Report and Recommendation of
United States Magistrate Judge Timothy R. Rice, dated March 29, 2018 (Doc. No. 19),
Petitioner's objections to the Report and Recommendation (Doc. ~o. 23), and after a thorough
and independent review of the record, it is hereby ORDERED that:
1.

Petitioner's objections are OVERR-CLED;

2.

The Report and Recommendation is APPROVED and ADOPTED;

3.

The Petition for Writ of Habeas Corpus is DENIED with prejudice and

DISMISSED as untimely without an evidentiary hearing; and
4.

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

BY THE COURT: