MASON v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS INSOFAR AS IT RECOMMENDS THAT THE COURT DISMISS THE PETITION FOR THE FAILURE TO EXHAUST STATE REMEDIES, ETC. THE OBJECTIONS AND EXCEPTIONS TO THE REPORT AND RECOM MENDATION (DOC. NO. 22) ARE OVERRULED; AND THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DISMISSED WITHOUT PREJUDICE TO THE PETITIONER TO REFILE ONCE SHE HAS EXHAUSTED HER STATE REMEDIES; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/30/15. 12/30/15 ENTERED AND COPIES MAILED TO PRO SE'. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FLORENCE ELIZABETH MASON,
flesh and blood woman, individual,
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA, et al.,
Respondents.

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CIVIL ACTION NO. 14-5640

ORDER
AND NOW, this 30th day of December, 2015, after considering the petition under 28
U.S.C. § 2254 for writ of habeas corpus by a person in state custody and the attachments thereto
filed by the pro se petitioner, Florence Elizabeth Mason (Doc. No. 1), the petitioner’s motion to
correct the records due to clerical mistake and to add additional defendants (Doc. No. 3), the
petitioner’s purported notice of removal (Doc. No. 5); and after also considering the variety of
other documents submitted by the petitioner, including:

(1) the submission of exhibits as

evidence (Doc. No. 10); (2) the submission of a portion of the transcript from a hearing on July
7, 2011 (Doc. No. 11); (3) the “motion” to have certain “documents be entered upon the record
of these proceedings as the laws that are binding on this case by judicial notice so that this and
any other courts can not [sic] continue to lean to their own understanding” (Doc. No. 12); (4) the
motion to enter certain documents on the record “as evidence of the ‘irregular’ and ‘improper’
proceedings held by the Court of Common Pleas (Doc. No. 13); (5) another document containing
the laws that are supposedly binding on the case and more exhibits for judicial notice (Doc. No.
14); and (6) the “judicial notice that Cory M. Baritz tainted and perverted all hearings by the
Commonwealth” (Doc. No. 17); and

AFTER ALSO CONSIDERING the report and recommendation of United States Chief
Magistrate Judge Carol Sandra Moore Wells (Doc. No. 18) and the petitioner’s objections and
exceptions to the report and recommendation (Doc. No. 22); and for the reasons set forth in the
accompanying memorandum opinion, it is hereby ORDERED as follows:
1.

The report and recommendation (Doc. No. 18) is APPROVED and ADOPTED

insofar as it recommends that the court dismiss the petition for the failure to exhaust state
remedies;
2.

The report and recommendation (Doc. No. 18) is MODIFIED insofar as it

recommends that the court dismiss the petition for failure to exhaust under 28 U.S.C. § 2254;
instead, the court will analyze the petition under 28 U.S.C. § 2241 and DISMISS the petition for
the failure to exhaust state remedies under section 2241;
3.

The objections and exceptions to the report and recommendation (Doc. No. 22)

are OVERRULED;
4.

The petition for writ of habeas corpus (Doc. No. 1) is DISMISSED WITHOUT

PREJUDICE to the petitioner to refile once she has exhausted her state remedies; and
5.

The clerk of court shall mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith, J.
EDWARD G. SMITH, J.

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