Welch v. Lazaroff

Filing 15

Memorandum of Opinion and Order: This matter is before the Court upon Petitioner's Motion for Reconsideration Pursuant to Fed. R. Civ. P. 7(b)(1) (Doc. 14 ). Petitioner's motion is GRANTED. Because petitioner's motion for exte nsion was timely filed, the Court hereby vacates its Order of April 4, 2016, and will permit him to file an objection to the Report and Recommendation within 30 days of the date of this Order. Judge Patricia A. Gaughan on 4/21/16. (LC,S) re 11 , 12

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Lee Welch,
Petitioner,
Vs.
Alan Lazaroff, Warden,

Respondent.

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CASE NO. 1:14CV2328
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

INTRODUCTION
This matter is before the Court upon Petitioner’s Motion for Reconsideration Pursuant to
Fed. R. Civ. P. 7(b)(1) (Doc. 14). Petitioner’s motion is GRANTED. On April 4, 2016, this
Court accepted the Report & Recommendation of Magistrate Judge Kenneth S. McHargh, which
recommended dismissal of petitioner’s Petition for Habeas Corpus. In doing so, the Court
applied the standard for review of a report and recommendation when no objections have been
timely filed because petitioner did not submit objections to the Report and Recommendation
within the required 14-day time limit. Petitioner, however, declares under penalty of perjury that

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he placed a motion for extension of time to file objections to the Report and Recommendation in
the prison mailing system on February 23, 2016, within the 14-day time limit. Under the federal
prison mailbox rule, prisoner’s pleadings are considered filed when the prisoner provides the
pleading to prison officials for filing. Keeling v. Warden, Lebanon Corr. Inst., 673 F.3d 452, 456
(6th Cir. 2012) (citing Cook v. Stegall, 295 F.3d 517, 521 (6th Cir. 2002).
Because petitioner’s motion for extension was timely filed, the Court hereby vacates its
Order of April 4, 2016, and will permit him to file an objection to the Report and
Recommendation within 30 days of the date of this Order.
IT IS SO ORDERED.

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge
Dated: 4/21/16

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