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Humphrey v. Walsh

United States District Court, E.D. Pennsylvania

March 7, 2014

THOMAS HUMPHREY, Petitioner,
v.
JEROME WALSH, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 6th day of March, 2014, upon consideration of Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Thomas Humphrey, the record in this case, and the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated January 30, 2014, no objections having been filed notwithstanding the passage of the time for filing objections, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated January 30, 2014, is APPROVED AND ADOPTED;

2. The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Thomas Humphrey, is DISMISSED WITH PREJUDICE as untimely filed for the reasons set forth in the Report and Recommendation;

3. A certificate of appealability will not issue because reasonable jurists would not debate the propriety of this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and,

4. The Clerk of Court shall MARK this case CLOSED.


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