Gilmore v. Brooks

Full title: ANTHONY GILMORE, Petitioner, v. BROOKS, Superintendent, Respondent

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

Date published: Mar 27, 2006

Civil Action No. 04-358 Erie (W.D. Pa. Mar. 27, 2006)

Opinion

Civil Action No. 04-358 Erie.

March 27, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This petition for writ of habeas corpus was received by the Clerk of Court on December 8, 2004, and was referred to United States Chief 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, filed on March 7, 2006, recommended that the petition for writ of habeas corpus 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 at SCI Albion, where he is incarcerated, and on Respondent. Objections were filed by Petitioner on March 23, 2006. After de novo review of the petition and documents in the case, together with the Report and Recommendation and objections thereto, the following order is entered:

AND NOW, this 27^th Day of March, 2006;

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

The Report and Recommendation of Magistrate Judge Baxter, dated March 7, 2006 [Doc. 15] is adopted as the opinion of the Court.