Marsden v. McGrady

Full title: RICHARD MARSDEN Petitioner, v. JAMES McGRADY, THE DISTRICT ATTORNEY OF THE…

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

Date published: Apr 17, 2009

CIVIL ACTION NO. 08-5580 (E.D. Pa. Apr. 17, 2009)

Opinion

CIVIL ACTION NO. 08-5580.

April 17, 2009

ORDER

JAN DuBOIS, District Judge

AND NOW, this 17th day of April, 2009, upon consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 filed by petitioner, Richard Marsden (Document No. 1, filed November 28, 2008), the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo dated March 31, 2009, petitioner's Objections to Report and Recommendation Filed on March 31, 2009 (Document No. 4, filed April 16, 2009), and the record in this case, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo dated March 31, 2009 is APPROVED and ADOPTED;

2. Petitioner's Objections to Report and Recommendation Filed on March 31, 2009, are OVERRULED for the reasons set forth in the Report and Recommendation;

3. The Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 filed by petitioner, Richard Marsden, is DISMISSED as untimely; and,

4. A certificate of appealability WILL NOT ISSUE because reasonable jurists would not debate this Court's rulings. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).