Holmes v. Vaughn

Full title: KENNETH HOLMES v., DONALD T. VAUGHN, et al

Court: United States District Court, E.D. Pennsylvania

Date published: Dec 19, 2003

CIVIL ACTION NO. 01-2565 (E.D. Pa. Dec. 19, 2003)

Opinion

CIVIL ACTION NO. 01-2565

December 19, 2003

ORDER

ROBERT KELLY, Senior District Judge

AND NOW, this ___ day of ___, 2003, upon consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and all documents in support thereof, the District Attorney's Response thereto, Petitioner's Motion for Appointment of Counsel, petitioner's request for an evidentiary hearing, and Petitioner's "Revised Petition for Writ of Habeas Corpus," and after review of the Report and Recommendation of United States Magistrate Judge Diane M. Welsh, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus and the "Revised" habeas petition are DENIED and DISMISSED as untimely filed.

3. Petitioner's Motion for Appointment of Counsel is DENIED;

4. Petitioner's request for an evidentiary hearing is DENIED;

5. A certificate of appealability should not issue since, for the reasons set forth in the Report and Recommendation, petitioner has failed to show that a reasonable jurist could conclude that the Court is incorrect in dismissing the petition as time-barred.