Voshell v. Burt

Filing 19

ORDER denying 16 MOTION TO EXTEND Time to File Objections re 15 REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Dennis Voshell filed by Dennis Voshell. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DENNIS ALLEN VOSHELL,
Petitioner,
Case Number 10-11409
Honorable Thomas L. Ludington
v.
SHERRY BURT,
Respondent.
_______________________________________/

ORDER DENYING MOTION TO EXTEND TIME TO FILE OBJECTIONS
On March 17, 2011, the Court received a report and recommendation from Magistrate Judge
R. Steven Whalen [Dkt. #15], recommending denying Petitioner Dennis Voshell’s petition for writ
of habeas corpus and stating that any objections were required to be filed within fourteen days of
service of a copy of the report and recommendation.
On April 18, 2011, Petitioner filed a motion for enlargement of time to file objections to the
report and recommendation [Dkt. #16]. Petitioner’s proof of service does not include the date that
he mailed his motion and accompanying brief. Although this motion was filed on the docket April
18, 2011, Petitioner’s motion is considered filed as of April, 11, 2011, the postmark date on the
envelope. See Houston v. Lack, 487 U.S. 266, 273 (1988)(recognizing mailbox rule for pro se
prisoner appeals); Cook v. Stegall, 295 F.3d 517, 521 (6th Cir. 2002)(applying mailbox rule to pro
se habeas petitions). Petitioner’s time for filing objections, with the time extension granted under
Federal Rule of Civil Procedure Rule 6(d), expired on April 5, 2011and his motion for an extension
of time to file objections to the report and recommendation is untimely.

Accordingly, it is ORDERED that Petitioner’s motion to extend time to file objections [Dkt.
#16] is DENIED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: April 20, 2011

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means and
uponDennis Voshell #264768, at Parnall Correctional Facility, 1780 E.
Parnall, Jackson, MI 49201 by first class U.S. mail on April 20, 2011.
s/Tracy A. Jacobs
TRACY A. JACOBS

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