The opinion of the court was delivered by: District Judge Terrence F. McVerry
On May 25, 2010, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1). The case was assigned to then magistrate judge, the Honorable Cathy Bissoon, for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. 636(b)(1), and the Local Rules for Magistrate Judges. On January 21, 2011, the Respondent filed a Response to the Petition. On October 27, 2011, this case was reassigned to Magistrate Judge Cynthia Reed Eddy following the elevation of Cathy Bissoon to the District Court.
Magistrate Judge Eddy filed a Report and Recommendation on December 12, 2011 (ECF No. 15) recommending that the Petition for Writ of Habeas Corpus be dismissed as untimely and that a certificate of appealability be denied. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until December 29, 2011 to file written objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the following order is entered:
AND NOW, this January 6, 2012:
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED AS UNTIMELY.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 15) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
Terrence F. McVerry United States District Judge
Louis Regna FB-1218 SCI-Albion 10745, Route 18 ...