Tyler v. Smith et al

Filing 10

ORDER DISMISSING CASE. Signed by Honorable Edwin M. Kosik on 1/26/2017. (emksec, )

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA BURKE LEE ANTHONY TYLER, Petitioner, v. SUPT. BARRY SMITH, et al., Respondents. : : : : : : : : : CIVIL NO. 3:17-CV-38 (Judge Kosik) ORDER AND NOW, this 26th day of January, 2017, upon consideration of the Petition for Writ of Habeas Corpus and the accompanying Memorandum, IT IS HEREBY ORDERED AS FOLLOWS: 1. Petitioner’s motion to proceed in forma pauperis (Doc. 7) is GRANTED for the sole purpose of filing the instant petition. 2. Respondents’ Motion to Dismiss the petition as untimely (Doc. 5) is GRANTED and the petition is dismissed. The petition for writ of habeas corpus is DISMISSED as time-barred by the statute of limitations. See 28 U.S.C. § 2244(d). 3. Respondents’ Motion to Stay the filing of a response addressing the merits of the petition (Doc. 6) is DENIED as moot. 4. There is no basis for the issuance of a certificate of appealability. See 28 U.S.C. § 2253(c). 5. The Clerk of Court is directed to CLOSE this case. s/Edwin M. Kosik EDWIN M. KOSIK United States District Judge

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