O'Toole v. Wilson

Full title: BRIAN O'TOOLE, Petitioner, v. HARRY WILSON, Respondent

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

Date published: Oct 26, 2005

2:05-cv-1365 (W.D. Pa. Oct. 26, 2005)

Opinion

2:05-cv-1365.

October 26, 2005

ORDER

TERRENCE McVERRY, District Judge

AND NOW, this 26^th day of October, 2005, after a petition for a writ of habeas corpus was filed by the petitioner, Brian O'Toole, and after the Report and Recommendation of the United States Magistrate Judge was issued, and the petitioner was granted ten days after being served with a copy to file written objections thereto, and no objections having been filed, and after independent review of the petition and the record, and upon consideration of the Report and Recommendation of the Magistrate Judge, which is adopted and incorporated as the opinion of this Court,

IT IS ORDERED that the petition of Brian O'Toole for a writ of habeas corpus is dismissed, and that a certificate of appealability is denied, as the petition is time-barred.

IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the F.R.App.P., if the petitioner desires to appeal from this Order, he must do so within thirty (30) days by filing a notice of appeal as provided by Rule 3 F.R.App.P.