Tyler v. Smith et al

Filing 10

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

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA

BURKE LEE ANTHONY TYLER,
Petitioner,
v.
SUPT. BARRY SMITH, et al.,
Respondents.

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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