MCKAVENEY v. COMMONWEALTH OF PENNSYLVANIA et al
Filing
5
ORDER adopting Report and Recommendation 4 as the opinion of this Court; that the petition for a writ of habeas corpus filed by petitioner 1 is dismissed as untimely and, because reasonable jurists could not conclude that a basis for appeal exist s, a certificate of appealability is denied.; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order she must do so within 30 days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Nora Barry Fischer on 7/25/17. (jg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KIMBERLY S. MCKAVENEY,
Petitioner,
vs.
COMMONWEALTH OF PENNSYLVANIA,
et al.,
Respondents.
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Civil Action No. 17-670
ORDER
AND NOW, this 25th day of July, 2017, after the petitioner, Kimberly S.
McKaveney, 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 upon consideration of the Magistrate Judge’s Report
and Recommendation (ECF No. 4), 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. 1) 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 she must do so within
thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
cc:
Kimberly S. McKaveney
OM-5384
SCI Muncy
Post Office Box 180
Muncy, PA 17756
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