Guzman v. Sabol

Full title: AVON GUZMAN, Petitioner, v. MARY SABOL, et al., Respondents

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

Date published: May 16, 2011

CIVIL ACTION No. 10-7139 (E.D. Pa. May. 16, 2011)

Opinion

CIVIL ACTION No. 10-7139.

May 16, 2011

ORDER

MITCHELL GOLDBERG, District Judge

AND NOW, this 16^th day of May, 2011, upon consideration of the petition for writ of habeas corpus, Respondents' response thereto, the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated April 21, 2011, and after a thorough and independent review of the record, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED; ¹

2. The petition for writ of habeas corpus is DISMISSED;

3. There is no probable cause to issue a certificate of appealability; and

4. The Clerk of Court shall mark this case closed for statistical purposes.

1 We note that the Report and Recommendation accurately reflects all critical dates necessary to support the time-barred conclusion. However, the 294 day calculation on page 5 is inaccurate in that between June 21, 2004, and June 9, 2005, 353 days had passed.