Go Directly to Jail, Do not Pass Go

Arsonist Incompetently Moves Pro Se to Avoid Prison
Post 5239

In Christopher A. Barosh v.  Morris Houser, et al., Civ. No. 22-0769, United States District Court, E.D. Pennsylvania (November 25, 2025) a convicted arsonist and insurance fraudster moved the USDC acting in Pro se filed Objections to Magistrate Judge Reid's Recommendation that the US District Judge dismiss his § 2254 Petition to avoid jail.

BACKGROUND

In October 2005, Barosh set fire to his girlfriend's Philadelphia home — some 25 hours before the cancellation of the property's insurance policy. Several witnesses saw Barosh leaving the property shortly before the fire erupted. After the fire, Barosh made “two separate admissions of guilt.”

He attempted to pay an acquaintance to provide him with an alibi for the time of the arson. The eyewitnesses, brother, and acquaintance all testified at trial.

In December 2012, a Philadelphia jury convicted Barosh of arson and insurance fraud. He was sentenced to 9.5 to 22 years' incarceration.

The Superior Court rejected Barosh's direct appeal, and the Supreme Court denied allocatur (the right to appeal).

Acting Pro se, Barosh sought Post Conviction Relief Act (PCRA) relief. At some point, Barosh was represented by counsel. Before the PCRA Court issued a decision, Barosh appealed to Superior Court, which dismissed his claims as premature. The PCRA Court then issued a Notice to Dismiss and — after Barosh filed two more premature appeals — formally dismissed his Petition. The Superior Court affirmed, and the Supreme Court again denied allocatur.

in April 2022, this matter was referred to Magistrate Judge Reid for a Report and Recommendation. Respondents oppose relief. Judge Reid recommended that the District Court Judge dismiss Barosh's Petition because he filed four months after the one-year deadline.

The District Court Judge reviewed de novo those portions of the Report to which Barosh files timely, specific objections and may accept, reject, or modify, in whole or part Magistrate Judge Reid's findings or recommendations.

OBJECTIONS

Barosh argued that Judge Reid should have ruled that the AEDPA limitations clock was equitably tolled. However, the limitations clock is tolled only if Barosh has shown: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.

Actual Innocence

Barosh argued, in the alternative, that Judge Reid should have excused his untimely filing because the actual innocence exception applies. An actual innocence claim requires a petitioner to support his allegations of constitutional error with new reliable evidence — whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence — that was not presented at trial. Barosh offered no new evidence.

The District Court on the 24th day of November, 2025, upon consideration of Magistrate Judge Reid's Report and Recommendation Petitioner's Objections and Respondent's Response it was ORDERED that:

Petitioner's Objections to the Report and Recommendation are OVERRULED;
Magistrate Judge Reid's Report and Recommendation is APPROVED and ADOPTED;
Petitioner's claims are DISMISSED;
A certificate of appealability will not issue; and
The Clerk of Court shall mark this case CLOSED.
ZALMA OPINION

I never are surprised that people who are convicted of the most dangerous and violent form of insurance fraud - Arson for Profit - have the chutzpah (unmitigated gall) to continue to move the courts for freedom or reduction of sentence without facts or law supporting their claims. The court did not fall for the attempt, let the Magistrate Judge do the work and then refused the application for relief. He stays in jail as he should.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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