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William Mikell v. David A. Varano

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


February 28, 2011

WILLIAM MIKELL,
PETITIONER,
v.
DAVID A. VARANO, ET AL., RESPONDENTS.

The opinion of the court was delivered by: C. Darnell Jones II, U.S.D.J.

ORDER

AND NOW, this 28th day of February, 2011, upon consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254; the Report and Recommendation of U.S. Magistrate Judge L. Felipe Restrepo, and Petitioner's Objections thereto, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The Petition for Writ of Habeas Corpus is DISMISSED as time-barred.

3. A certificate of appealability should not issue because Petitioner has failed to show that a reasonable jurist could conclude that the Court is incorrect in dismissing the Petition as time-barred.

4. The Clerk of Court shall close this case for all purposes, including statistics.

BY THE COURT:

20110228

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