Yelverton v. District Attorney of Delaware County

Full title: JAMES Z. YELVERTON, JR. v. DISTRICT ATTORNEY OF DELAWARE COUNTY, et al

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

Date published: Jul 23, 2004

Civil Action No. 04-690 (PBT) (E.D. Pa. Jul. 23, 2004)

Opinion

Civil Action No. 04-690 (PBT).

July 23, 2004

ORDER

PETRESE B. TUCKER, District Judge

AND NOW, this ____ day of July, 2004, upon careful and independent consideration of the pleadings and record herein, and after review of the Report and Recommendation ("RR") of the United States Magistrate Judge Thomas J. Rueter (Doc. 8), and Petitioner's Objections thereto (Doc. 9), IT IS HEREBY ORDERED AND DECREED:

1. The Report and Recommendation is APPROVED and ADOPTED;¹

1 Petitioner's objections do not address the statute of limitations issue, which is the basis for the Magistrate Judge's recommendation that the habeas petition be dismissed.

2. The Motion to Dismiss (Doc. 6) is GRANTED;

3. The Petition for Writ of Habeas Corpus is DISMISSED; and

4. A Certificate of Appealability is not granted.