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Ball v. Lawler

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


September 9, 2009

RODERICK BALL, PETITIONER
v.
RAYMOND LAWLER, ET AL., RESPONDENTS

The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this 9th day of September, 2009, upon careful and independent consideration of the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, and consideration of petitioner's objections to the Report and Recommendation, the response to these objections and the petitioner's traverse, IT IS HEREBY ORDERED that:

1. Petitioner's objections are OVERRULED;*fn1

2. The Report and Recommendation of Judge Elizabeth T. Hey is APPROVED and ADOPTED;

3. The petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED as untimely;

4. The petitioner having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability, see 28 U.S.C. § 2253(c); and

5. The Clerk shall CLOSE this case statistically.


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