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17-1460 - WHITE v. CLARK et al


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17-1460 - WHITE v. CLARK et al
February 20, 2018
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REPORT AND RECOMMENDATION re 4 Petition for Writ of Habeas Corpus filed by LAWRENCE WHITE, and 8 MOTION to Dismiss Habeas Petition filed by DISTRICT ATTORNEY OF ALLEGHENY COUNTY, CLARK. As explained in the attached Report and Recommendation, it is respectfully recommended that Respondents' Motion to Dismiss be granted, the petition for a writ of habeas corpus be dismissed with prejudice as untimely, and that a certificate of appealability be denied. Petitioner's written objections, if any, are due by 3/9/2018. Respondents' written objections, if any, are due by 3/6/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/20/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/20/2018. (bsc)
April 12, 2018
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ntimely filed. Because reasonable jurists would not find it debatable whether the instant petition is untimely and that equitable tolling is not appropriate, a certificate of appealability will not issue. Signed by Chief Judge Joy Flowers Conti on 4MEMORANDUM OPINION re 4 Petition for Writ of Habeas Corpus filed by LAWRENCE WHITE, 8 MOTION to Dismiss Habeas Petition filed by DISTRICT ATTORNEY OF ALLEGHENY COUNTY, WETZEL, CLARK. After de novo review of the pleadings and documents in this case, together with the report and recommendation, and the objections and response thereto, the court will order that respondents' motion to dismiss be granted and the instant petition for writ of habeas corpus be dismissed as u/12/2018. (smc)
April 12, 2018
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file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Chief Judge Joy Flowers Conti on 4/12/2018. (smc) Modified on 4/13/2018. (jsp)ORDER granting 8 Motion to Dismiss with prejudice as untimely filed; adopting Report and Recommendations re 17 Report and Recommendations as supplemented by the accompanying memorandum opinion, as the opinion of the Court. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, petitioner has thirty (30) days to