OTERO v. WARDEN, SCI DALLAS et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; WE DISMISS MR. OTERO'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) WITH PREJUDICE; WE FIND NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/7/17. 6/7/17 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANTHONY WILLIAM OTERO

CIVIL ACTION

v.
NO. 16-4643
WARDEN, SCI DALLAS, et al.

ORDER
AND NOW, this 7th day of June 2017, upon reassignment, considering Mr. Otero's

Petition for Writ of Habeas Corpus (ECF Doc. No. 1), Chief Magistrate Judge Linda K.
Caracappa's Report and Recommendation (ECF Doc. No. 5), Mr. Otero's Objections (ECF Doc.
No. 6) and for reasons in the accompanying Memorandum including affirming Chief Judge
Caracappa's specific finding as to the untimeliness of Mr. Otero's Petition, it is ORDERED:
1.

Chief Magistrate Judge Linda K. Caracappa's January 31, 2017 Report and

Recommendation (ECF Doc. No. 5) is APPROVED and ADOPTED;
2.

We dismiss Mr. Otero's Petition for Writ of Habeas Corpus (ECF Doc. No. 1)

with prejudice;

3.

We find no probable cause to issue a certificate of appealability; and,

4.

The Clerk of Court shall close this case for statistical purposes.