Rivera v. Luther et al

Filing 13

ORDER (Memorandum 12 filed previously as separate docket entry) DENYING petition for writ of habeas corpus 1 as time-barred by statute of limitations, noting no basis for issuance of certificate of appealability, DENYING motion to appt cnsl 10 , & DENYING motion to proceed IFP 11 as ptnr has paid requisite filing fee, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/13/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARCELO RIVERA,
Petitioner
v.
SUPERINTENDENT JAMEY
LUTHER, THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA,
Respondents

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CIVIL NO. 1:15-CV-1011
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of July, 2015, upon consideration of the petition for
writ of habeas corpus (Doc. 1), and in accordance with the court’s memorandum of
the same date, it is hereby ORDERED that:
1.

The petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. §
2254 is DENIED as time-barred by the statute of limitations. See 28
U.S.C. § 2244(d).

2.

There is no basis for the issuance of a certificate of appealability. See
28 U.S.C. § 2253(c).

3.

The motion to appoint counsel (Doc. 10) is DENIED.

4.

The motion for leave to proceed in forma pauperis (Doc. 11) is DENIED
as petitioner has paid the requisite filing fee.

5.

The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania