*1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA VINCENT C. McGEE, :
Petitioner : CIVIL ACTION NO. 3:18-0904 v. : (JUDGE MANNION) MARK CAPOZZA, :
Superintendent
:
Respondent
ORDER For the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT:
1. Respondent’s motion to dismiss the above captioned
action as untimely (Doc. 15) is GRANTED.
2. The above captioned petition for writ of habeas corpus
is DISMISSED as untimely under the statute of limitations. See 28 U.S.C. §2244(d).
3. The Clerk of Court is directed to CLOSE this case.
4. There is no basis for the issuance of a Certificate of
Appealability. See 28 U.S.C. §2253(c).
5. Petitioner’s motion to stay and hold in abeyance the
above captioned action, pending the outcome of his motion in state court, pursuant to Reeves v. Fayette SCI, 897 F.3d 154 (3d Cir. 2018) (Doc. 21) is DISMISSED without prejudice, in accordance with this Court’s decision herein.
s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Dated: August 14, 2019
18-0904-01-Order