HOWARD v. KERESTES et al

Filing 12

MEMORANDUM ORDER ADOPTING the Report and Recommendations 11 as the Opinion on the Court. The Petition for Writ of Habeas Corpus filed by Keith Howard is DISMISSED WITH PREJUDICE as untimely and that a Certificate of Appealability is DENIED. The Clerk of Court mark this case CLOSED. Signed by Judge Arthur J. Schwab on 6/20/16. (lck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KEITH HOWARD,

)
)
Petitioner,
)
)
v.
)
)
JOHN KERESTES and THE ATTORNEY )
GENERAL OF THE STATE OF
)
PENNSYLVANIA,
)
)
)
Respondents.

14-cv-1234
ELECTRONICALLY FILED

MEMORANDUM ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION (DOC. NO. 11)
Pending before the Court is Petitioner Keith Howard’s Petition Under 28 U.S.C. § 2254
for Writ of Habeas Corpus. (Doc. No. 3). The matter was referred to United States Magistrate
Judge Cynthia Reed Eddy for report and recommendation 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 filed a Report and Recommendation (Doc. No. 11) on May 26,
2016, recommending that the Petition be dismissed with prejudice as untimely and that a
certificate of appealability be denied. Petitioner was served with the Report and
Recommendation at his listed address of record and the parties were advised that they had
fourteen days after service of this Report and Recommendation to file written objections. To
date, no objections have been filed nor have any requests for an extension of time to file
objections been filed.

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After de novo review of the petition and documents in the case, together with the Report
and Recommendation, the following order is entered:

AND NOW, this 20th day of June, 2016:

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus filed by Keith
Howard is DISMISSED WITH PREJUDICE as untimely and that a Certificate of
Appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 11)
dated May 26, 2016, 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, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
SO ORDERED this 20thday of June, 2016.

s/Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

KEITH HOWARD
GA-9335
SCI Fayette
PO Box 9999
LaBelle, PA 15450-0999
(via U.S. First Class Mail)
Rusheen R. Pettit
Office of the District Attorney
(via ECF electronic notification)
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