The opinion of the court was delivered by: DuBOIS, J.
On March 29, 1990, a jury in the Court of Common Pleas of Philadelphia County convicted petitioner of first-degree murder, two counts of aggravated assault, criminal conspiracy, and possessing an instrument of crime. Commonwealth v. Fletcher, 606 A.2d 1227 (Table), No. 03298 Phila. 1990, slip op. at 2 (Pa. Super. Ct. Dec. 16, 1991). On October 18, 1990, the Honorable William J. Manfredi sentenced petitioner to a term of life imprisonment on the first-degree murder conviction, and to an aggregate concurrent term of five to ten years imprisonment on the remaining convictions. Id. at 2.
Petitioner filed a pro se Petition for Habeas Corpus under 28 U.S.C. § 2254 ("the Petition") in this Court on October 29, 2010. On February 22, 2011, Chief United States Magistrate Judge Thomas J. Rueter submitted a Report and Recommendation ("R&R") to the Court, recommending that the petition be dismissed as barred by the one-year statute of limitations.
On March 11, 2011, petitioner filed Objections to Magistrate Report and Recommendation ("Objections"). For the reason stated below, the Objections to the R&R are overruled, the R&R is approved and adopted, and the Petition is dismissed. A certificate of appealability is not issued.
II. BACKGROUND AND LEGAL STANDARD
The facts of this case and the applicable legal standard are set forth in detail in the R & R. The Court will not repeat them in this Memorandum except as is necessary to explain its rulings on the Objections.
Petitioner raised four grounds for relief in his Petition:
a. Error by the trial court in rejecting his Batson challenge;
b. Error by the trial court in allowing a witness not identified on the witness list to testify at trial;
c. Error by the trial court in denying a motion for mistrial; and,
d. Failure of the trial court to grant a new trial on the ground that the verdict was against the weight of the evidence.
The R&R recommended dismissing the Petition as time-barred. In his Objections, petitioner asserts that he is "trying to obtain relief in the form of a [m]iscarriage of justice and will show a colorable claim of actual [i]nnocence also with [n]ewly ...