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Coulson v. Mooney

United States District Court, W.D. Pennsylvania

March 4, 2015

NATHANIEL D. COULSON Plaintiff,
v.
VINCENT MOONEY, ET AL., Defendants.

ORDER OF COURT

TERRENCE F. McVERRY, District Judge.

This petition by Nathaniel D. Coulson pursuant to 28 U.S.C. § 2254 was referred to United States Magistrate Judge Susan Paradise Baxter for a report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Local Rules 72.1.3 and 72.1.4.

Now pending before the Court is a MOTION TO DISMISS FOR LACK OF TIMELY FILING AND/OR FOR FAILURE TO EXHAUST STATE COURT REMEDIES (ECF No. 9) filed by Defendants. On February 11, 2015, Magistrate Judge Baxter issued a nine-page Report and Recommendation ("R&R") which recommended that the motion be GRANTED. The deadline for filing Objections to the R&R was March 2, 2015. No Objections have been filed.

AND NOW, this 4th day of March, 2015, upon consideration of the MOTION TO DISMISS FOR LACK OF TIMELY FILING AND/OR FOR FAILURE TO EXHAUST STATE COURT REMEDIES (ECF No. 9); and the thorough and well-reasoned R&R of Magistrate Judge Baxter, it is hereby ORDERED, ADJUDGED, and DECREED that said motion is GRANTED. The R&R is adopted as the opinion of the Court.

Petitioner's claims are hereby DISMISSED WITH PREJUDICE as untimely. Petitioner has fallen far short of his burden to demonstrate "actual innocence." Leave to amend the petition shall not be granted, as any attempt to state a valid claim would be futile. No certificate of appealability shall issue. The clerk shall docket this case closed.


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