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Boyd v. Lamas

United States District Court, E.D. Pennsylvania

March 12, 2015

MICHAEL BOYD, Petitioner,
v.
MARIROSA LAMAS, Superintendent, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 11th day of March, 2015, 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, Michael Boyd, the record in this case, the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated November 25, 2014, and Objections to the Report and Recommendation filed by pro se petitioner, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated November 25, 2014, is APPROVED and ADOPTED;

2. Pro se petitioner's Objections to the Report and Recommendation are OVERRULED on the ground that the issues raised in the Objections relating to the timeliness of the filing of the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody were addressed in the Report and Recommendation with which the Court agrees;

3. The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Michael Boyd, is DISMISSED on the ground that it was not timely filed; and,

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


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