IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TYREE TUCKER, CIVIL ACTION Petitioner,

v.

D.B. OBERLANDER, NO. 19-2534 THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

O R D E R

AND NOW, this 14th day of August, 2020, upon consideration of Petition under

for Writ of Habeas Corpus, filed by pro se petitioner, Tyree Tucker (Document No. 2, filed June 10, 2019), the Report and Recommendation of United States Magistrate Judge Richard A. Lloret dated December 13, 2019, and the Motion of Objections [sic] to U.S. Magistrate Judge Report and Recommendation dated for 12/13/19 (Document No. 15, filed March 9, 2020), IT IS ORDERED as follows: 1. The Report and Recommendation of United States Magistrate Judge Richard A. Lloret dated December 13, 2019, is APPROVED and ADOPTED; 2. Petition under

for Writ of Habeas Corpus, filed by pro se petitioner, Tyree Tucker, is DISMISSED as untimely filed; 3. Pro se petitioner’s Motion of Objections [sic] to U.S. Magistrate Judge Report and Recommendation dated for 12/13/19, treated as objections, are OVERRULED for the reasons stated in the Report and Recommendation with which the Court is in complete agreement. Specifically, the Court concludes that pro se petitioner is not entitled to statutory or equitable tolling of the statute of limitations. IT IS FURTHER ORDERED that a certificate of appealability will not issue because reasonable jurists would not debate the propriety of this Court’s procedural ruling with respect to petitioner’s claims. See

(c)(2); Slack v. McDaniel,

(2000). IT IS FURTHER ORDERED that the Clerk of Court shall MARK this case CLOSED.

BY THE COURT:

/s/ Hon. Jan E. DuBois

DuBOIS, JAN E., J.