KIMBLE v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 13

MEMORANDUM ORDER adopting Report and Recommendations re 12 Report and Recommendations. IT IS FURTHER ORDERED that the petition for a writ of habeas corpus is DENIED as untimely; the Court finds no basis upon which to issue a certificate of appeala bility, and a certificate of appealability is HEREBY DENIED. 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.The Clerk of Court shall mark this case CLOSED. Signed by Judge Terrence F. McVerry on 8/20/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
)
)
) Civil Action No. 2:13-052
) United States Magistrate Judge
) Cynthia Reed Eddy
)
)
)
)

PAUL EDWARD KIMBLE,
Petitioner,
v.
COMMONWEALTH OF PENNSYLVANIA, et
al.,

Respondents.

MEMORANDUM ORDER
On January 10, 2013, the above captioned case was filed in this Court and was referred to
a magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28
U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Reissued Report and Recommendation on July 12, 2013
(ECF No. 12), recommending that the petition for writ of habeas corpus be dismissed as
untimely in accordance with the directives in 28 U.S.C. § 2244(d), and that a certificate of
appealability be denied. Plaintiff was served with the Reissued Report and Recommendation at
his listed address and was advised that he had until July 29, 2013, to file written objections to the
Report and Recommendation. No objections have been filed.
Accordingly, after de novo review of the pleadings and documents in the case, together
with the Reissued Report and Recommendation, the following order is entered:
AND NOW, this 20th day of August, 2013;
IT IS HEREBY ORDERED that that the Reissued Report and Recommendation (ECF
No. 12) dated July 12, 2013, is ADOPTED as the Opinion of the Court.

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IT IS FURTHER ORDERED that the petition for a writ of habeas corpus is DENIED
as untimely; the Court finds no basis upon which to issue a certificate of appealability, and a
certificate of appealability is HEREBY DENIED.
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.
The Clerk of Court shall mark this case CLOSED.

By the Court:
s/Terrence F. McVerry
United States District Judge
cc:

all counsel of record
PAUL EDWARD KIMBLE,
PRO SE
EY8857
PO Box 9999
LaBelle, PA 15450

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