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08-005 - YOUNG v. CLEARFIELD COUNTY COMMONWEALTH OF PLEAS et al


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08-005 - YOUNG v. CLEARFIELD COUNTY COMMONWEALTH OF PLEAS et al
April 11, 2008
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MEMORANDUM ORDER re 3 Petition for Writ of Habeas Corpus filed by DEREK MICHAEL YOUNG; after de novo consideration of the Report and Recommendation and Petitioner's objections thereto, and upon independent review of the record, it is hereby ORDERED that the habeas petition be DISMISSED as time barred and/or as procedurally defaulted, it is ORDERED that a Certificate of Appealability is DENIED. The Report is adopted as the opinion of the Court as supplemented by this Memorandum Order. Petitioner is advised that he has the right for 30 days to file a notice of appeal from our Order denying his petition, see 28 U.S.C. Section 2253(a); Fed.R.App.P. 4(a)(1)(A), and that our denial of a Certificate of Appealability does not prevent him from doing so, as long as he also seeks a Certificate of Appealability from the Court of Appeals. See Federal Rule of Appellate Procedure 22(b)(1), and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 4/11/2008. (dlg)