FOLEY v. MOONEY et al
Filing
7
ORDER adopting Report and Recommendations re 5 Report and Recommendations. The petition for a writ of habeas corpus filed by petitioner(ECF No. 1) is dismissed as time barred and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. Signed by Judge Arthur J. Schwab on 2/14/18. (lck)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KEVIN JAMES FOLEY,
Petitioner,
vs.
SUPERINTENDENT MOONEY, et al.,
Respondents.
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Civil Action No. 17-1260
ORDER
AND NOW, this/t./(/ay of February, 2018, after the petitioner, Kevin James
Foley, 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 upon consideration of the objections
filed by the petitioner, and upon independent review of the petition and upon consideration of the
Magistrate Judge's Report and Recommendation (ECF No. 5), 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 time barred 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)(l) 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.
cc:
Kevin James Foley
HF-5740
SCI Retreat
660 State Road 11
Hunlock Creek, PA 18621-3136
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