United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
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).
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
August 30, 2011, Petitioner filed a direct appeal to the
Pennsylvania Superior Court. Id.
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,
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
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.
10, 2014, the Court granted counsel's request to withdraw
and dismissed Roberts' PCRA petition. Id.
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.
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.
January 12, 2016, Petitioner filed a motion to reinstate his
appeal, which was denied on January 15, 2015. Id.
February 10, 2017, Petitioner filed the instant petition for
writ of habeas corpus. (Doc. 1, petition).