Wise v. Rozum et al

Filing 44

ORDER (memorandum filed previously as separate docket entry), ORDER TERMINATING CASE 1.Respondents motion to dismiss the petition as untimely, (Doc. No. 37), is GRANTED. 2.The above captioned petition for writ of habeas corpus is DISMISSED as untime ly under the statute of limitations. See 28 U.S.C. §2244(d). 3.Petitioners motion for extension of time to modify the instant petition, (Doc. No. 38), is DISMISSED as moot. 4Petitioners Motion for Stay and Abeyance, (Doc. No. 42), is DENIED.5.The Clerk of Court is directed to CLOSE this case.6.There is no basis for the issuance of a Certificate of Appealability. See 28 U.S.C. §2253(c). Signed by Honorable Malachy E Mannion on 10/28/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
KENDALE L. WISE,

:

Petitioner

:

CIVIL ACTION NO. 3:12-1360

v.

:

(JUDGE MANNION)

GERALD L. ROZUM, et al.,

:

Respondents

:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS HEREBY
ORDERED THAT:
1.

Respondents’ motion to dismiss the petition as untimely,
(Doc. No. 37), is GRANTED.

2.

The above captioned petition for writ of habeas corpus
is DISMISSED as untimely under the statute of
limitations. See 28 U.S.C. §2244(d).

3.

Petitioner’s motion for “extension of time to modify the
instant petition,” (Doc. No. 38), is DISMISSED as moot.

4

Petitioner’s “Motion for Stay and Abeyance,” (Doc. No.
42), is DENIED.

5.

The Clerk of Court is directed to CLOSE this case.

6.

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

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: October 28, 2013
O:\Mannion\shared\MEMORANDA - DJ\2012 MEMORANDA\12-1360-01-ORDER.wpd

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