REED v. HARLOW et al

Filing 7

MAGISTRATE JUDGE L. FELIPE RESTREPO'S REPORT AND RECOMMENDATION THAT THE PETITION FOR WRIT OF HABEAS CORPUS FILED PURSUANT TO 28 USC, SECTION 2254 AND RESPONDENT'S ANSWER THERETO, IT IS HEREBY RECOMMENDED THAT THE HABEAS PETITION BE DISMISS ED AS TIME-BARRED AND THAT A CERTIFICATE OF APPEALABILITY SHOULD NOT ISSUE. OBJECTIONS TO R&R DUE BY 11/3/2009. SIGNED BY MAGISTRATE JUDGE L. FELIPE RESTREPO ON 10/9/09. 10/14/09 ENTERED AND COPIES MAILED TO PARTIES.(pr, ) (Additional attachment(s) added on 10/14/2009: # 1 proposed order) (pr, ).

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

ROBERT STANLEY REED v. MICHAEL HARLOW, et al.

: : : : :

CIVIL ACTION

NO. 09-3870

ORDER AND NOW, this day of , 2009, upon

consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and respondent's Answer thereto, and after review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus is DISMISSED as time-barred; 3. A certificate of appealability should not issue since, for the reasons set forth in the Report and Recommendation, petitioner has failed to show that a reasonable jurist could conclude that the Court is incorrect in dismissing the petition as time-barred.

BY THE COURT:

MITCHELL S. GOLDBERG, J.