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Cain v. Attorney General of the State of Pennsylvania

United States District Court, M.D. Pennsylvania
May 27, 2005
No. 4:05-CV-0354 (M.D. Pa. May. 27, 2005)

Opinion

No. 4:05-CV-0354.

May 27, 2005


ORDER


BACKGROUND:

Now before the court is the report and recommendation of Magistrate Judge Smyser in the above-captioned case. The Magistrate Judge recommends dismissing petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2254 as untimely. Petitioner failed to file any objections to the report and recommendation. We therefore need only review the record for clear error before accepting the magistrate judge's report and recommendation. Mitchell v. Department of Corrections, 272 F. Supp. 2d 464, 466 (M.D. Pa. 2003). Finding no clear error, we accept the report and recommendation as the holding of this court. See 28 U.S.C. § 636(b); Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987).

NOW, THEREFORE, IT IS ORDERED THAT:

1. The report and recommendation of Magistrate Judge Smyser (Rec. Doc. No. 14) is adopted as the holding of this court.

2. The petition for a writ of habeas corpus is dismissed as untimely, pursuant to 28 U.S.C. § 2244(d)(1).

3. The clerk is directed to close the case file.

4. There is no basis for a certificate of appealability.


Summaries of

Cain v. Attorney General of the State of Pennsylvania

United States District Court, M.D. Pennsylvania
May 27, 2005
No. 4:05-CV-0354 (M.D. Pa. May. 27, 2005)
Case details for

Cain v. Attorney General of the State of Pennsylvania

Case Details

Full title:LARRY CAIN, Petitioner, v. ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA…

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

Date published: May 27, 2005

Citations

No. 4:05-CV-0354 (M.D. Pa. May. 27, 2005)