Filed: Jan. 19, 2018
Latest Update: Jan. 19, 2018
Summary: ORDER JOY FLOWERS CONTI , District Judge . AND NOW , this 19th day of January, 2018, IT IS HEREBY ORDERED that the motion to dismiss filed by respondent, the District Attorney of Elk County, Pennsylvania (ECF No. 6), is GRANTED and the instant petition for a writ of habeas corpus is DISMISSED inasmuch as petitioner filed his claims outside the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. 2244(d). IT IS FUR
Summary: ORDER JOY FLOWERS CONTI , District Judge . AND NOW , this 19th day of January, 2018, IT IS HEREBY ORDERED that the motion to dismiss filed by respondent, the District Attorney of Elk County, Pennsylvania (ECF No. 6), is GRANTED and the instant petition for a writ of habeas corpus is DISMISSED inasmuch as petitioner filed his claims outside the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. 2244(d). IT IS FURT..
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ORDER
JOY FLOWERS CONTI, District Judge.
AND NOW, this 19th day of January, 2018, IT IS HEREBY ORDERED that the motion to dismiss filed by respondent, the District Attorney of Elk County, Pennsylvania (ECF No. 6), is GRANTED and the instant petition for a writ of habeas corpus is DISMISSED inasmuch as petitioner filed his claims outside the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. §2244(d).
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED inasmuch as jurists of reason would not find it debatable whether each of petitioner's claims should be dismissed as untimely filed.
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case "CLOSED."
IT IS FURTHER ORDERED that the December 7, 2017 report and recommendation of Magistrate Judge Baxter (ECF No. 15) is adopted as the opinion of the court.
AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if plaintiff wishes to appeal from this Order, a notice of appeal as provided in Federal Rule of Appellate Procedure 3 must be filed with the Clerk of Court, United States District Court, at 17 South Park Row, Room A-150, Erie, PA 16501, within thirty (30) days.
