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Gladden v. Kerestes

United States District Court, Third Circuit

December 27, 2013

JEHMAR GLADDEN, Petitioner,
v.
JOHN KERESTES, et al., Respondents.

ORDER

CYNTHIA M. RUFE, District Judge.

AND NOW, this 27th day of December 2013, upon careful and independent consideration of the Petition for Writ of Habeas Corpus [Doc. No. 1] and the response thereto [Doc. No. 6], and upon review of the Report and Recommendation ("R & R") of United States Magistrate Judge Jacob P. Hart [Doc. No. 7], to which Petitioner objected [Doc. Nos. 8 and 9], it is hereby ORDERED that:

1. Petitioner's objections to the R & Rare OVERRULED;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. Petitioner's request for a stay of his petition pending state court review of his second PCRA petition is DENIED;
4. The Petition for Writ of Habeas Corpus is DISMISSED as untimely filed;[1]
5. There is no probable cause to issue a certificate of appealability; and
6. As this Order is the Final Judgment of the Court, the Clerk of Court is DIRECTED to mark this case closed.

It is so ORDERED.


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