Opinion
Civil Action No. 03-6878.
May 13, 2004
ORDER
AND NOW, this 13th day of May, 2004, upon consideration of petitioner Robert Peterson's pro se petition for a writ of habeas corpus brought under 28 U.S.C. § 2254, the Commonwealth's response thereto, the unopposed Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, and the Court agreeing with Judge Caracappa after independent review of the record that Peterson's petition is untimely, it is hereby ORDERED that:
1. The Report and Recommendation of United States Magistrate Judge Linda K. Caracappa is APPROVED AND ADOPTED;
2. The petition for a writ of habeas corpus is DENIED;
3. There is no probable cause to issue a certificate of appealability; and
4. The Clerk of Court shall CLOSE this action statistically.