United States District Court, W.D. Pennsylvania
October 26, 2005.
BRIAN O'TOOLE, Petitioner,
HARRY WILSON, Respondent.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
AND NOW, this 26th day of October, 2005, after a petition
for a writ of habeas corpus was filed by the petitioner, Brian
O'Toole, and after the Report and Recommendation of the United
States Magistrate Judge was issued, and the petitioner was
granted ten days after being served with a copy to file written
objections thereto, and no objections having been filed, and
after independent review of the petition and the record, and upon
consideration of the Report and Recommendation of the Magistrate
Judge, which is adopted and incorporated as the opinion of this
IT IS ORDERED that the petition of Brian O'Toole for a writ of
habeas corpus is dismissed, and that a certificate of
appealability is denied, as the petition is time-barred.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the
F.R.App.P., 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 by Rule 3 F.R.App.P.
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