VUKICH v. COMMONWEALTH OF PENNSYLVANIA

Filing 8

ORDER adopting Report and Recommendations re 6 Report and Recommendations. IT IS ORDERED that the petition for a 7 writ of habeas corpus filed by petitioner is dismissed as untimely and, because reasonable jurists could not conclude that a bas is for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Chief Judge Joy Flowers Conti on 5/11/2017. (smc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA WILLIAM E. VUKICH, Petitioner, ) ) ) vs. ) ) COMMONWEALTH OF PENNSYLVANIA) Respondent. ) Civil Action No. 16-1871 ORDER AND NOW, this 11th day of May, 2017, after the petitioner, William E. Vukich, filed a petition for a writ of habeas corpus, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties a period of time after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the petition and the record and upon consideration of the Magistrate Judge’s Report and Recommendation (ECF No. 6), which is adopted as the opinion of this Court, IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (ECF No. 7) is dismissed as untimely and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. /s/ Joy Flowers Conti Joy Flowers Conti United States District Judge cc: William E. Vukich 524 5th Ave. New Brighton, PA 15066

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