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Roberts v. Kauffman

United States District Court, M.D. Pennsylvania

July 10, 2019

ISAAC ROBERTS, Petitioner
v.
KEVIN KAUFFMAN, Respondent

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         Petitioner, Isaac Roberts, an inmate confined in the State Correctional Institution, Huntingdon, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. He attacks a conviction imposed by the Court of Common Pleas for Dauphin County, Pennsylvania. (Doc. 1). Following careful consideration of the parties' submissions, and for the reasons discussed below, the Court will dismiss the petition as untimely. See 28 U.S.C. §2244(d).

         I. Background

         On June 22, 2011, following a jury trial in the Court of Common Pleas of Dauphin County, Petitioner was found guilty of third degree murder, homicide by vehicle, fleeing and eluding, accidents involving death, persons not to possess a firearm, carrying a firearm without a license, unlawful possession of a small amount of marijuana, and unlawful possession of drug paraphernalia. Comm. of Pa. v. Roberts, CP-22-CR-0002876-2010. On July 26, 2011, Roberts was sentenced to a term of incarceration of 23 to 46 years of imprisonment. Id.

         On August 30, 2011, Petitioner filed a direct appeal to the Pennsylvania Superior Court. Id.

         By Memorandum Opinion dated June 5, 2012, the Superior Court of Pennsylvania affirmed Roberts' judgment of sentence. See Comm. of PA v. Roberts, 1510 MDA 2011. Roberts did not file for allowance of appeal to the Pennsylvania Supreme Court. See Comm. of Pa. v. Roberts, CP-22-CR-0002876-2010.

         On June 10, 2013, Roberts filed a pro se petition for relief under the Pennsylvania Post Conviction Relief Act (“PCRA”), 42 Pa. C.S.A. §§9541 et seq. See Comm. of Pa. v. Roberts, CP-22-CR-0002876-2010. Counsel was appointed, but rather than filing an amended PCRA petition, Roberts' counsel filed a Turner/Finley petition seeking permission to withdraw. Id.

         On October 7, 2013, the PCRA Court provided Roberts with a notice of its intent to dismiss the PCRA petition pursuant to Pa.R.Crim.P. 907. Id. Petitioner filed a response to the Court's notice on October 31, 2013. Id.

         On June 10, 2014, the Court granted counsel's request to withdraw and dismissed Roberts' PCRA petition. Id.

         On June 23, 2014, Roberts timely filed a pro se notice of appeal from the Court's June 10, 2014 dismissal. See Comm. of PA v. Roberts, 1510 MDA 2011.

         By Order dated January 8, 2015, the Pennsylvania Superior Court dismissed Petitioner's appeal for Petitioner's failure to file a brief, after having granted Petitioner several extensions of time within which to do so. Id.

         On January 12, 2016, Petitioner filed a motion to reinstate his appeal, which was denied on January 15, 2015. Id.

         On February 10, 2017, Petitioner filed the instant petition for writ of habeas corpus. (Doc. 1, petition).

         II. ...


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