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Ferrell v. Commonwealth

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


September 27, 2006

THOMAS FERRELL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, ET AL., RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER AND NOW, this 27th day of September, 2006, upon preliminary review of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1)*fn1 , see R. GOVERNING § 2254 Cases R. 4, in which it appears that the petition may be barred by the statute of limitations, see United States v. Bendolph, 409 F.3d 155, 169 (3d Cir.2005) (en banc) (holding that district courts may sua sponte raise AEDPA's one-year statute of limitations, provided that the petitioner is provided with notice and an opportunity to respond), it is hereby ORDERED that:

1. The Clerk of Court is directed to serve copies of the petition (Doc. 1) and this order by certified mail on respondent, the District Attorney of Lackawanna County, and the Attorney General of Pennsylvania. See R. GOVERNING § 2254 CASES R. 4.

2. The Clerk of Court is further directed to note the address of the District Attorney of Lackawanna County on the docket sheet.

3. Respondent shall file a response concerning the timeliness of the petition on or before October 27, 2006.

4. Petitioner is afforded until November 13, 2006, to file a reply.

CHRISTOPHER C. CONNER United States District Judge


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