IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 10, 2010
LEROY WALKER, PETITIONER,
JEFFREY A. BEARD, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.
AND NOW, this ____ of March, 2010, 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 Thomas J. Rueter (Doc. 12), and Petitioner's Objections (Doc. 13) and Respondents' Reply (Doc. 14), IT IS HEREBY ORDERED and DECREED as follows:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for Writ of Habeas Corpus is DISMISSED as untimely; and
3. There is no basis for the issuance of a certificate of appealability.
IT IS FURTHER ORDERED that the Clerk of the Court shall mark the above-captioned case as CLOSED for statistical purposes.
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