Opinion
Civil Action No. 11-905
04-24-2012
GARY LYNELL PENNINGTON, Petitioner, v. TABB BICKELL, Superintendent; THE DISTRICT ATTORNEY OF ALLEGHENY COUNTY; and the ATTORNEY GENERAL FOR THE STATE OF PENNSYLVANIA, Respondents.
District Judge Arthur J. Schwab
MEMORANDUM ORDER
On July 08,2011, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1) and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on April 5, 2012 (ECF No. 19) recommending that the Petition for Writ of Habeas Corpus be dismissed as untimely and that a certificate of appealability be denied. On April 23,2012, Petitioner filed Objections to the Report and Recommendation (ECF No. 20). Petitioner's objections do not undermine the recommendation of the magistrate judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:
AND NOW, this 24th day of April, 2012:
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 19) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
_________________
Arthur J. Schwab
United States District Judge
Gary Lynell Pennington
FN-4639
S.C.I. Huntingdon
1100 Pike Street
Huntingdon, PA 16654-1112