Mcmillan v. Eason

Full title: QUDRE MCMILLAN v. KENNETH EASON, THE ATTORNEY GENERAL OF THE STATE OF…

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

Date published: Aug 18, 2022

Civil Action 22-670 (E.D. Pa. Aug. 18, 2022)

Opinion

Civil Action 22-670

08-18-2022

QUDRE MCMILLAN v. KENNETH EASON, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF BUCKS COUNTY

KEARNEY. JUDGE

ORDER

KEARNEY. JUDGE

AND NOW, this 18^th day of August 2022, upon carefully considering the Petition for habeas corpus (ECF Doc. No. 1), the Response (ECF Doc. No. 10), Petitioner's Reply (ECF Doc. No. 11), Judge Heffley's well-reasoned Report and Recommendation (ECF Doc. No. 12), Petitioner's Objections to Judge Heffley's Report and Recommendation (ECF Doc. No. 17), and for reasons in the accompanying Memorandum confirming the untimeliness of the Petition with no valid basis for tolling, it is ORDERED:

1. We OVERRULE the Petitioner's specific Objections (ECF Doc. No. 17) to Judge Heffley's Report and Recommendation (ECF Doc. No. 12);

2. We APPROVE and ADOPT Judge Heffley's well-reasoned Report and Recommendation (ECF Doc. No. 12);

3. We DENY and DISMISS the Petition for writ of habeas corpus (ECF Doc. No. i);

4. We agree with Judge Heffley as to no basis to grant a motion to amend the Petition nor to appoint counsel;

5. We find no probable cause to issue a certificate of appealability; and,

6. We direct the Clerk of Court to close this case.