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United States of America v. Joseph S. Forte

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


June 13, 2011

UNITED STATES OF AMERICA
v.
JOSEPH S. FORTE

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER AND NOW, this 13th day of June, 2011, upon consideration of the Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Document No. 38, filed February 28, 2011), petitioner's Motion for Extension of Time to File a Memorandum in Support and Request for Discovery (Document No. 39, filed February 28, 2011), the Government's Motion to Dismiss Petition under 28 U.S.C. § 2255 (Document No. 41, filed March 15, 2011),*fn1 Petitioner's Response to the Court's March 16, 2011 Order and Reply to Government's Motion to Dismiss (Document No. 43, filed April 1, 2011),*fn2 the Government's Reply to Petitioner's Response to the Court's Order and Reply to the Government's Motion to Dismiss (Document No. 44, filed April 6, 2011), and Defendant's Motion to Expand the Record Pursuant to Rule 7 (Document No. 45, filed June 9, 2011), for the reasons stated in the Memorandum dated June 13, 2011, IT IS ORDERED as follows:

1. The Government's Motion to Dismiss Petition under 28 U.S.C. § 2255 is GRANTED;

2. The Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence filed by pro se petitioner, Joseph F. Forte, is DISMISSED on the ground that it is time-barred;

3. Defendant's Motion for Extension of Time to File Memorandum in Support and Request for Discovery, and Defendant's Motion to Expand the Record Pursuant to Rule 7, are DENIED AS MOOT; and,

4. A certificate of appealability will not issue because reasonable jurists would not debate this Court's procedural ruling as required under 28 U.S.C. § 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484 (2000).

BY THE COURT:

Hon. Jan E. DuBois


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