Burgos v. Superintendent Kelchner

Full title: RADAEMES BURGOS, Petitioner, v. SUPERINTENDENT KELCHNER, Respondent

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

Date published: Nov 16, 2006

Civil Action No. 05-219 Erie (W.D. Pa. Nov. 16, 2006)

Opinion

Civil Action No. 05-219 Erie.

November 16, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on August 5, 2005, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 19], filed on October 25, 2006, recommended that Petitioner's Petition be dismissed as untimely and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail and on Respondent. No objections were filed. Afterde novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 16^th day of November, 2006;

IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as untimely and a certificate of appealability is DENIED.

The Report and Recommendation [Doc. No. 19] of Magistrate Judge Baxter, filed on October 25, 2006, is adopted as the opinion of the Court.