ALLEN J. SUPPLES v. JOHN KERESTES, No. 2:2008cv01275 - Document 16 (W.D. Pa. 2010)
Court Description: MEMORANDUM OPINION re 3 Petition for Writ of Habeas Corpus filed by ALLEN JEROME SUPPLES. Signed by Chief U.S. Magistrate Judge Amy Reynolds Hay on 1/21/2010. (Attachments: # 1 Appendix One, # 2 Appendix Two) (dgg) Modified on 1/22/2010 (jsp).
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APPENDIX ONE COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS VS. LAWRENCE COUNTY, PENNSYLVANIA ALLEN JEROME SUPPLES NO. 122 OF 1999, OTN: F067038-6 NO. 331 OF 1999, OTN: F197031-2 ORDER OF COURT AND NOW, this 23rd day of september, 2003, following a hear"jng on the Defendant's Motion for Post-conviction collateral Relief, and the Commonwealth moving to dismiss the petition as being untimely filed, the Court finds and ORDERS as follows: 1. At case No. 122 of 1999, Cr., the Defendant was sentenced on July 20, 1999. The Defendant took no appeal from tin s sentence nor fi 1ed any post-sentence moti on. 2. At case No. 331 of 1999, Cr., sentenced on october 21, 1999. th~ Defendant was The Defendant took no appeal from such sentence nor filed any post-sentence motion. 3. Defendant's Motion for Post-Conviction collateral Relief was filed June 25, 2003. 4. The Defendant has presented no evidence that the failure to raise any claim contained in the Motion for Post conviction collateral Relief previously was the result of the interference by government officials with the presentation of the claim, nor that the facts upon which any claim therein is predicated was unknown to the Defendant and could not have been ascertained by the exercise of due diligence. 53"0 JDICIAL ISTRICT NeE" COUNT V ISVL.VANIA 5. The Court finds that the Defendant has failed to file his Motion for pos[Jt~Rtpg~~~~~ollateral 1001 SEP 24 P 3: I b Relief within 1 year of the date that his judgment of sentence in each of the above cases became final, as required by 42 Pa.C.S.A. §9545(b), and Defendant has failed to prove that any exception contained in 42 Pa.C.S.A. §9545(b) applies to Defendant's untimely filing. 6. It is ORDERED, ADJUDGED and DECREED that the Defendant's Motion for Post-conviction collateral Relief relative to each of the above-captioned cases is hereby DISMISSED. The Defendant advised that he the right to appeal from lS this final Order disposing of his Motion for Post-Conviction collateral Relief, and such appeal must be filed within 30 days of the date of this Order. BY THE ::OURT: med 531'10 JUDICIAL DISTRICT FILED/ORIGINAL lOO] SEP?~ P 3: I b ~~WRENCE COUNT V ! , PENNSVLVANIA ') j t r~ ,
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