ATKINS v. SUPERINTENDENT OF SCI SOMERSET

District Court, E.D. Pennsylvania

ATKINS v. SUPERINTENDENT OF SCI SOMERSET

Trial Court Opinion

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

WILLIAM ROBERT ATKINS, CIVIL ACTION Petitioner,

v.

SUPERINTENDENT OF SCI NO. 24-4488 SOMERSET, ATTORNEY GENERAL OF THE STATE OF PENNSYLVNAIA and DISTRICT ATTORNEY OF LANCASTER COUNTY, PA, Respondents.

O R D E R

AND NOW, this 8th day of April, 2025, upon consideration of Petition Under

28 U.S.C. § 2255

for Writ of Habeas Corpus submitted by pro se petitioner and the Report and Recommendation of United States Magistrate Judge Pamela A. Carlos dated February 7, 2025, there being no objection to the Report and Recommendation despite the passage of time for doing so, IT IS ORDERED as follows: 1. The Report and Recommendation of United States Magistrate Judge Pamela A. Carlos dated February 7, 2025, is APPROVED and ADOPTED. 2. The Petition Under

28 U.S.C. § 2255

for Writ of Habeas Corpus submitted by pro se petitioner is DIMISSED WITH PREJUDICE as untimely. 3. A certificate of appealability will not issue because reasonable jurists would not debate (a) this Court’s decision that the petition does not state a valid claim of the denial of a constitutional right, or (b) the propriety of this Court’s procedural ruling with respect to petitioner’s claims. See

28 U.S.C. § 2253

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

529 U.S. 473, 484

(2000). 4. The Clerk of Court shall MARK this case CLOSED. BY THE COURT: /s/ Hon. Kelley B. Hodge

Reference

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