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Pavlic v. District Attorney of Washington County

United States District Court, Third Circuit

November 15, 2013

GARY PAVLIC, Petitioner,
v.
DISTRICT ATTORNEY OF WASHINGTON COUNTY, PENNSYLVANIA and ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

MEMORANDUM ORDER

TERRENCE F. McVERRY, District Judge.

Pending before the Court is the petition for writ of habeas corpus filed by Gary Pavlic ("Petitioner") pursuant to 28 U.S.C. ยง 2254. ECF No. 6. The magistrate judge issued her Report and Recommendation on October 17, 2013. ECF No. 27. Upon evaluation, she found that Petitioner filed his petition 19 days after AEDPA's one-year statute of limitations period expired, and, therefore, she recommended that the petition be dismissed as time-barred. Id . Because the timeliness issue was raised sua sponte by the magistrate judge in her Report, through his objections, Petitioner was allowed the opportunity to demonstrate whether any of his claims were timely for reasons not readily apparent in his petition. See id. at p.2. Petitioner filed timely objections to the Report and Recommendation, raising a number of arguments in support of the timeliness of his petition. ECF No. 28. Because the Court finds that Petitioner's reasons do not support a reasonable basis for equitable tolling, [1] and he has not demonstrated actual innocence or a related miscarriage of justice that would allow him to pass through a gateway to have his otherwise barred claims considered on the merits, his petition will be dismissed as time-barred. Therefore, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the objections thereto, the following order is entered.

AND NOW, this 15th day of November, 2013,

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 6) is DISMISSED as untimely.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

IT IS FURTHER ORDERED that the Report and Recommendation dated October 17, 2013 (ECF No. 27) 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, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.


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