BROWN v. SUPERINTENDENT OF SCI SOMERSET et al

Filing 6

ORDER adopting Report and Recommendations re 4 Report and Recommendations. 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. Signed by Judge Arthur J. Schwab on 5/24/18. (lck)

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

OSCAR BROWN,
Petitioner,

)
)
)
vs.
)
)
SUPERINTENDENT OF SCI SOMERSET,)
et al.,
)
Respondents.
)

Civil Action No. 18-464

ORDER
AND NOW, this ~'(~

of May, 2018, after the petitioner, Oscar Brown, filed a

counseled petition for a writ of habeas corpus, and after a Report and Recommendation was filed
by the United States Magistrate Judge granting the petitioner 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 the record 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)(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.

~
United States District Judge