VARNER v. FOLINO et al, No. 2:2012cv00599 - Document 17 (W.D. Pa. 2013)

Court Description: MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as untimely. IT IS FURTHER ORDERED that the Motion for an Evidentiary Hearing 7 is DENIED. IT IS FURTHER ORDERED that a certificate of A ppealability is DENIED. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Magistrate Judge Cynthia Reed Eddy on 2/14/2013. (jlh )