GANTZ v. SUTTER et al

Filing 22

MEMORANDUM OPINION & ORDER: Adopting R and R, granting motion to dismiss, dismissing petition, and denying certificate of appealability. Signed by Judge Barbara J. Rothstein (GC)

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA

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John Gantz,

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Petitioner,
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v.
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Warden Sutter, et al.
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Respondents.
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____________________________________)

C.A. No.

14-231 Erie

ORDER ADOPTING THE REPORT
AND RECOMMENDATION OF
MAGISTRATE JUDGE BAXTER

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The Magistrate Judge issued a Report and Recommendation in this matter, recommending

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that this Court dismiss the petition for a writ of habeas corpus on the grounds that Petitioner’s

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claims are untimely. (Doc. No. 21). After reviewing the Report and Recommendation, the record,

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and all other materials before the Court and finding no objection, it is hereby ordered that:
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(1)

The Report and Recommendation is ADOPTED;

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(2)

Respondent’s motion to dismiss is GRANTED;

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(3)

The petition shall be DENIED on the grounds that it is untimely;

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(4)

The certificate of appealability shall be DENIED;

(5)

The Clerk of the Court shall send copies of this Order to Petitioner.

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IT IS SO ORDERED.
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DATED this 21st day of August, 2015.

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BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE
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