Opinion
CIVIL ACTION NO. 06-1174.
August 17, 2006
ORDER
AND NOW this 17th day of August, 2006, upon consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), the Report and Recommendation of United States Magistrate Judge Timothy R. Rice (Doc. No. 7), Plaintiff's Objections (Doc. No. 8), Defendant's Response to Plaintiff's Objections, (Doc. No. 10), and all related submissions, it is hereby ORDERED as follows:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The Petition for a Writ is DENIED. See 28 U.S.C. § 2254(a) (2004); id. § 2254(d) (imposing one-year limitations period for habeas petitions by state prisoners); Pace v. DiGuglielmo, 125 S. Ct. 1807, 1814 (2005) (a litigant seeking equitable tolling must prove: (1) he has been pursuing his rights diligently, and (2) some extraordinary circumstance stood in his way); Brown v. Shannon, 322 F.3d 768, 773 (3d Cir. 2003) (for equitable tolling to apply, the petitioner must show a causal relationship between the alleged extraordinary circumstances and the lateness of his filing).
3. A certificate of appealability is not granted.
The clerk's office shall close this case for statistical purposes.