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    BEERS v. PIAZZA Et Al - Document No. 38

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    MEMORANDUM ORDER: Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as untimely and a certificate of appealability is DENIED; adopting 33 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 10/19/2006. (rlh) 1:2005cv00247 Pennsylvania Western District Court

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    BEERS v. PIAZZA Et Al - Document No. 38

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    MEMORANDUM ORDER: Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as untimely and a certificate of appealability is DENIED; adopting 33 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 10/19/2006. (rlh) 1:2005cv00247 Pennsylvania Western District Court

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    BEERS v. PIAZZA et al - Document No. 38

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    MEMORANDUM ORDER: Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as untimely and a certificate of appealability is DENIED; adopting 33 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 10/19/2006. (rlh) 1:2005cv00247 Pennsylvania Western District Court

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    23 views1 page

    BEERS v. PIAZZA Et Al - Document No. 38

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    Justia.com
    MEMORANDUM ORDER: Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as untimely and a certificate of appealability is DENIED; adopting 33 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 10/19/2006. (rlh) 1:2005cv00247 Pennsylvania Western District Court

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    BEERS v. PIAZZA et al Doc.

    38
    Case 1:05-cv-00247-SJM-SPB Document 38 Filed 10/19/2006 Page 1 of 1

    IN THE UNITED STATES DISTRICT COURT


    FOR THE WESTERN DISTRICT OF PENNSYLVANIA
    WALTER BEERS, )
    )
    Petitioner, )
    ) Civil Action No. 05-247 Erie
    v. )
    )
    JOSEPH PIAZZA, )
    )
    Respondent. )
    MEMORANDUM ORDER
    This habeas corpus action was received by the Clerk of Court on August 29,
    2005, and was referred to United States Magistrate Judge Susan Paradise Baxter for
    report and recommendation in accordance with the Magistrates Act, 28 U.S.C. §
    636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
    The Magistrate Judge's Report and Recommendation [Doc. No. 33], filed on
    August 24, 2006, recommended that Petitioner’s Petition be dismissed as untimely and
    that a certificate of appealability be denied. The parties were allowed ten (10) days
    from the date of service to file objections. Service was made on Petitioner by certified
    mail and on Respondent. Petitioner was subsequently granted two (2) extensions of
    time in which to file objections [Doc. No. 35 and Doc. No. 37]. No objections were filed.
    After de novo review of the petition and documents in the case, together with the
    Report and Recommendation, the following order is entered:
    AND NOW, this 19th day of October, 2006;
    IT IS HEREBY ORDERED that the Petitioner’s Petition for Writ of Habeas
    Corpus is DISMISSED as untimely and a certificate of appealability is DENIED.
    The Report and Recommendation [Doc. No. 33] of Magistrate Judge Baxter, filed
    on August 24, 2006, is adopted as the opinion of the Court.

    s/ Sean J. McLaughlin
    United States District Judge

    cm: All parties of record


    Susan Paradise Baxter, U.S. Magistrate Judge

    Dockets.Justia.com

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