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Paul Rosado, Jr. v. Daniel Burns

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


November 20, 2012

PAUL ROSADO, JR. PETITIONER,
v.
DANIEL BURNS, SUPERINTENDENT SCI-FOREST, ET AL. RESPONDENTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this 20th day of November 2012, upon careful and independent consideration of the Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED.

2. The Report and Recommendation of Magistrate Judge Elizabeth T. Hey is APPROVED and ADOPTED in its entirety.

3. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE as untimely.

4. A certificate of appealability shall not issue. For the reasons explained in the Report and Recommendation, a reasonable jurist could not conclude the court is incorrect in dismissing the habeas petition with prejudice.

William H. Yohn Jr.

20121120

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