Summary
This federal district court order addresses a petitioner's objections to a magistrate judge's report and recommendation in a habeas corpus proceeding. The court overruled the objections, adopted the report and recommendation in its entirety, and dismissed the petition as time-barred. Additionally, the court denied a certificate of appealability, concluding that the petitioner failed to demonstrate a substantial showing of the denial of a constitutional right.
Court
United States District Court for the Middle District of Pennsylvania
Writing for the Court
Judge Munley
Jurisdiction
United States District Court for the Middle District of Pennsylvania
Decision date
June 20, 2025
Docket number
4:22-cv-01237
Procedural posture
Petition for writ of habeas corpus under 28 U.S.C. § 2254
Precedential value
nonprecedential
Parties
Jose Gonzalez v. Superintendent of SCI-FOREST and Pennsylvania Office of Attorney General
Disposition
dismissed
Topics
post-conviction reliefcivil proceduremotions to dismiss
Practice areas
post-conviction reliefcivil procedure
Questions Presented
- Whether the petition is time‑barred under 28 U.S.C. § 2254(b)
- Whether a certificate of appealability should be issued under 28 U.S.C. § 2253(c)(2)
Holdings
- The petition is dismissed as time‑barred.
- A certificate of appealability shall not be issued because the petitioner failed to make a substantial showing of the denial of a constitutional right.
Key quotations
“A certificate of appealability shall not issue, as Gonzalez has failed to make a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2), or that “jurists of reason would find it debatable” whether this Court's procedural ruling is correct, Slack v. McDaniel, 529 U.S. 473, 484 (2000).”
Court Document
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