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Bartlett v. Superintendent SCI Muncy PA.

United States District Court, E.D. Pennsylvania

April 1, 2014

DOROTHY BARTLETT
v.
SUPERINTENDENT SCI MUNCY PA, et al.

ORDER

L. FELIPE RESTREPO, District Judge.

AND NOW, this 1st day of April, 2014, upon careful and independent consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 (ECF Document 1), the Report and Recommendation ("R&R") of United States Magistrate Judge Timothy R. Rice (Doc. 3), see Bartlett v. Supt. SCI-Muncy, 2014 WL 1022540 (E.D. Pa. Mar. 14, 2014), and petitioner's objections to Judge Rice's R&R (Doc. 5), it is hereby ORDERED that:

1. Petitioner's Objections are OVERRULED;[1]

2. Judge Rice's Report and Recommendation is APPROVED and ADOPTED;

3. The habeas petition under § 2254 is DISMISSED as untimely;

4. A certificate of appealability shall not issue in that a reasonable jurist could not conclude that the Court is incorrect in dismissing the petition as time-barred. See Slack v. McDaniel , 529 U.S. 473, 484 (2000);

5. The Clerk shall mark this case CLOSED.


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