Ellington v. Overmyer et al

Filing 41

ORDER (memorandum filed previously as separate docket entry), Report and Recommendation, (Doc. 38) is ADOPTED. Plaintiff's motion for extension of time to file objections, (Doc. 39) is DENIED AS UNTIMELY as it was filed past the six (6) day addi tional time given to a prisoner per the mailbox rule; the petition for writ of habeas corpus (Doc. 1) is DENIED AND DISMISSED WITH PREJUDICE; and the Clerk of Court is directed to CLOSE this case.Signed by Honorable William J. Nealon on 10/24/19. (lh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS BENJAMIN ELLINGTON,:
Petitioner
:
:
v.
:
:
MICHAEL OVERMYER, ET AL., :
Respondents
:

CIVIL NO. 3:17-CV-0518
(Judge Nealon)
(Magistrate Judge Mehalchick)

ORDER
NOW, THIS 24TH DAY OF OCTOBER, 2017, for the reasons set forth in
the Memorandum issued this date, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation, (Doc. 38), is ADOPTED;

2.

Plaintiff’s motion for extension of time to file objections, (Doc. 39),
is DENIED AS UNTIMELY as it was filed past the six (6) day
additional time given to a prisoner per the mailbox rule;

3.

The petition for writ of habeas corpus, (Doc. 1), is DENIED and
DISMISSED WITH PREJUDICE; and

4.

The Clerk of Court is directed to CLOSE this case.

/s/ William J. Nealon
United States District Judge