Davies v. Commonwealth of Pennsylvania

Full title: RUSTY RICHARD DAVIES, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA…

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

Date published: Oct 18, 2007

Civil Action No. 07-47 Erie (W.D. Pa. Oct. 18, 2007)

Opinion

Civil Action No. 07-47 Erie.

October 18, 2007

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on March 16, 2007, 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. 15], filed on September 28, 2007, recommended that Petitioner's Petition be dismissed as untimely and that a certificate of appealability be denied. It was further recommended that the motion to dismiss filed by the Respondent [Doc. No. 11] be dismissed. 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, motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 18^th day of October, 2007;

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; IT IS FURTHER ORDERED that Respondent's motion to dismiss [Doc. No. 11] is DISMISSED.

The Report and Recommendation [Doc. No. 15] of Magistrate Judge Baxter, filed on September 28, 2007, is adopted as the opinion of the Court.