WILLIAMS v. TRITT et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT the Court ADOPTS the Report and Recommendation 15 of Magistrate Judge Saporito. The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED with prejudice as u ntimely filed. The Court declines to issue a certificate of appealability, as the Petitioner has failed to demonstrate a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2) and the Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 5/18/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LARRY MELTIER WILLIAMS,
Petitioner
v.
BRANDY TRITT,
Respondent

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No. 1:15-cv-00367
(Judge Kane)
(Magistrate Judge Saporito)

ORDER
Before the Court is the April 28, 2017 Report and Recommendation of Magistrate Judge
Saporito (Doc. No. 15), in which he recommends dismissing Petitioner Larry Meltier Williams’
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. No. 1), as untimely filed. No
timely objections have been filed. ACCORDINGLY, this 18th day of May 2017, upon
independent review of the record and the applicable law, IT IS ORDERED THAT:
1. The Court ADOPTS the Report and Recommendation of Magistrate Judge
Saporito (Doc. No. 15);
2. The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is
DISMISSED with prejudice as untimely filed;
3. The Court declines to issue a certificate of appealability, as the Petitioner has
failed to demonstrate “a substantial showing of the denial of a constitutional
right,” see 28 U.S.C. § 2253(c)(2); and
4. The Clerk of Court is directed to CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania