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Allen Clemons v. Michael W. Harlow; the District Attorney of the County of Philadelphia; and

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


July 30, 2012

ALLEN CLEMONS PETITIONER,
v.
MICHAEL W. HARLOW; THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA; AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA RESPONDENTS.

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

ORDER

AND NOW, this 30th day of July, 2012, upon consideration of: Petitioner Allen Clemons's Petition for Writ of Habeas Corpus (Doc. No. 1), including amendment thereof (Doc. No. 4); Respondents' Opposition thereto (Doc. No. 9); the Honorable Carol Sandra Moore Wells's Report and Recommendations (Doc. No. 12); Petitioner's Objections thereto (Doc. Nos. 14 & 15); and, Respondents' Opposition to said Objections (Doc. No. 18), it is hereby ORDERED that:

(1) Petitioner's Objections are OVERRULED;*fn1

(2) The Report and Recommendation to dismiss all of Petitioner's claims without an evidentiary hearing on the basis of untimeliness is APPROVED and ADOPTED;*fn2

(3) The relief sought by Petitioner is DENIED; and

(4) There exists no substantial showing of the denial of a constitutional right which would require the issuance of a Certificate of Appealability.

BY THE COURT:


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