PORTER v. DISTRICT ATTORNEY ALLEGHENY COUNTY et al

Filing 16

ORDER GRANTING 9 Motion to Dismiss; ADOPTING Report and Recommendations re 15 . Petition for Writ of Habeas Corpus (ECF No. 4) is dismissed as untimely. Certificate of appealability is denied. Clerk of Court mark this case CLOSED. Signed by Judge Arthur J. Schwab on 6/27/17. (lck)

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

SHURON PORTER,
Petitioner,
V.

DISTRICT ATTORNEY
ALLEGHENY COUNTY, THOMAS
F. MERRICK and THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA,
Respondents.

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Civil Action No. 17 - 25
Judge Arthur J. Schwab
Magistrate Judge Lisa Pup Lenihan

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MEMORANDUM ORDER

Petitioner Shuron Porter ("Petitioner") has filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254, seeking relief from his October 15, 2001 judgment of sentence of
twenty-one (21) to fifty ( 50) years of imprisonment for two counts each of Aggravated Assault,
Recklessly Endangering Another Person, and Firearms Not to Be Carried Without a License.
(ECF No. 4.) In accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(l), and Rules
72.C and 72.D of the Local Rules of Court, all pretrial matters were referred to United States
Magistrate Judge Lisa Pupo Lenihan.
On March 21, 2017, Respondents filed a Motion to Dismiss the Petition for Writ of
Habeas Corpus arguing that it was untimely filed pursuant to the filing provision requirements
set forth in the Antiterrorism and Effective Death Penalty Act (AEDPA). (ECF No. 9.)
Petitioner filed a response in opposition to the Motion on April 25, 2017. (ECF No. 14.)

The Magistrate Judge issued a Report and Recommendation on May 31, 2017,
recommending that the Motion to Dismiss be granted and that the Petition be dismissed as
untimely. (ECF No. 15.) Petitioner was informed that he had until June 19, 2017 to file written
objections. As of today, no objections have been filed.
Upon an independent review of the record, and consideration of the Magistrate Judge's
Report and Recommendation, the following Order is entered:
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AND NOW, this iJ? day of June, 2017;
IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate

Judge (ECF No. 15) is adopted as the opinion of the Court.
IT IS FURTHER ORDERED that the Motion to Dismiss the Petition for Writ of

Habeas Corpus (ECF No. 9) is granted.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 4)

is dismissed as untimely.
IT IS FURTHER ORDERED a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) 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.

. Schwab
United States District Judge
cc: Shuron Porter
EE-8040
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SCI Huntingdon
1100 Pike Street
Huntingdon, PA 16654-1112
Counsel for Respondent
(Via CMIECF electronic mail)

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