Summary
rejecting claim that PCRA statute of limitations violates right of access to the Court and observing that "enforcement of the one year statute of limitations no more denies Petitioner access to the courts than does . . . enforcing the thirty day appeal period in the federal courts"
Summary of this case from Benchoff v. FogalOpinion
Civil Action No. 06-989.
August 22, 2007
ORDER
AND NOW, this 22nd day of August, 2007, after the Petitioner, George Alberty Lipchey, 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 ten days after being served with a copy to file written objections thereto, and objections having been filed by Petitioner which are without merit, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the habeas petition filed pursuant to 28 U.S.C. Section 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.