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McALEESE v. BRENNAN

No. 04-1439.

483 F.3d 206 (2007)

Frank G. McALEESE, Appellant v. Edward T. BRENNAN, Superintendent; Pennsylvania Board of Probation and Parole.

United States Court of Appeals, Third Circuit.

Filed April 27, 2007.

Attorney(s) appearing for the Case

Mary Gibbons, Toms River, NJ, for Appellant.

Thomas W. Corbett, Jr., Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of the Attorney General, Appellate Litigation Section, Harrisburg, PA, Attorneys for Appellees.

Before FUENTES, GREENBERG and LOURIE, Circuit Judges.

Submitted under Third Circuit LAR 34.1(a) March 16, 2007.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before the court on an appeal from an order entered on October 22, 2003, by the district court approving and adopting a magistrate judge's report and recommendation and denying as untimely Frank G. McAleese's petition for a writ of habeas corpus that he filed on March 2, 1998. In his petition, McAleese...

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