REED v. HARLOW et al

Filing 13

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED; 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.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/29/09. 11/5/09 ENTERED AND COPIES MAILED, E-MAILED TO PARTIES.(pr, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ ROBERT REED, : Petitioner, : : v. : : MICHAEL HARLOW, et al., : Respondents. : __________________________________________: ORDER AND NOW, this 29th day of October, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, Petitioner's Reply, the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo dated October 9, 2009, Petitioner's objections to the Report and Recommendation,1 and after a thorough and independent review of the record, it is hereby ORDERED that: 1. 2. 3. Petitioner's objections are OVERRULED; 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; and 4. There is no probable cause to issue a certificate of appealability.

CIVIL ACTION

No. 09-3870

BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J. Petitioner's "Memorandum of law in support of habeas corpus petition," filed pursuant to LOCAL CIV. R. 9.4 was not considered. LOCAL CIV. R. 9.4 applies to capital habeas petitions and the above-captioned action is not a death penalty case. Furthermore, LOCAL CIV. R. 9.3 gives the Court discretion to consider matters filed outside the forms provided by the Clerk of Court for petitions for writ of habeas corpus.
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