FOLEY v. MOONEY et al
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,
SUPERINTENDENT MOONEY, et al.,
Civil Action No. 17-1260
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
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.
Kevin James Foley
660 State Road 11
Hunlock Creek, PA 18621-3136
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?