PARRANE v. ROZUM et al

Filing 37

ORDER indicating that, for the reasons more fully stated within, the Petition for Writ of Habeas Corpus is dismissed as untimely; that a certificate of appealability is denied; that the Report and Recommendation (ECF No. 29 ) dated July 1, 2010, is adopted as the Opinion of the Court; that the Clerk of Court mark this case closed; and that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 9/8/10. (jg)

PARRAN v. ROZUM et al

Doc. 37

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RANDALL EUGENE PARRAN, Petitioner, v. GERALD L. ROZUM and COMMONWEALTH OF PENNSYLVANIA, Office of the District Attorney, Respondents. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 09 - 1483 District Judge Nora Barry Fischer

ORDER On November 6, 2009, the above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis accompanied by a Petition for Writ of Habeas Corpus and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. The Magistrate Judge's Report and Recommendation filed on July 1, 2010 (ECF No. 29) recommended that the Petition for Writ of Habeas Corpus be dismissed as untimely. On August 2, 2010, Petitioner filed Objections to the Report and Recommendation (ECF No. 32). Petitioner's objections do not undermine the recommendation of the Magistrate Judge. After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered: AND NOW, this 8th day of September, 2010; IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as UNTIMELY.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 29) dated July 1, 2010, is ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

By the Court:

s/Nora Barry Fischer Nora Barry Fischer United States District Judge cc: Randall Eugene Parran GJ - 8025 1600 Walters Mill Road Somerset, PA 15510

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