Summary
finding that petitioner was not reasonably diligent in pursuing his claims when he failed to provide sufficient evidence that he was checking to see if his petition for allowance of appeal had been denied by the Pennsylvania Supreme Court
Summary of this case from Jones v. WarrenOpinion
Civil Action No. 07-1453.
April 2, 2009
ORDER
AND NOW, this 2nd day of April, 2009, after the Petitioner, Ernest Jamal Nelson, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until March 30, 2009, to file written objections thereto, and upon consideration of the objections filed by Petitioner, and upon an independent review of the record and consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the habeas petition filed pursuant to 28 U.S.C. § 2254 is DENIED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.