HOWARD v. LONGLEY

Filing 19

ORDER denying 18 Motion for Reconsideration. Signed by Chief Judge Sean J. McLaughlin on 4/29/2013. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLEVELAND HOWARD,
Petitioner,

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v.
ARCHIE B. LONGLEY,
Respondent.

Civil Action No. 12-37 Erie
District Judge Sean J. McLaughlin
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER
SEAN J. McLAUGHLIN, District Judge.
This habeas action was filed by Cleveland Howard pursuant to 28 U.S.C. § 2241. Howard
is a federal prisoner currently confined at FCI-McKean, located in Bradford, Pennsylvania. He
contended that the Bureau of Prisons erred in computing his federal sentence.
This case was referred to United States Magistrate Judge Susan Paradise Baxter for a
report and recommendation in accordance with 28 U.S.C. § 636(b)(1) and Local Rule 72. On
February 4, 2013, she issued a Report and Recommendation ("R&R") [ECF No. 15], in which
she recommended that the petition be denied. Howard's Objections to the R&R were due on or
before February 21, 2013 [see the docket entry for ECF No. 15], and he filed them before that
date [see ECF No. 16]. On March 22, 2013, the Court issued a Memorandum Order adopting the
R&R as the opinion of the Court, denying the petition, and closing this case. [ECF No. 17].
Now pending before the Court is Howard's motion for reconsideration [ECF No. 18], in
which he expresses concern that we may have thought that his Objections were untimely and, as
a result, did not consider them. He requests that if that occurred that we reconsider our
March 22, 2013, Memorandum Order.

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Howard's motion is denied because his Objections were timely filed and we considered
them before issuing the final judgment. The March 22, 2013, Memorandum Order makes that
clear:
Petitioner filed objections on February 20, 2013. [ECF No. 16]. After de novo
review of the documents in the case, together with the Report and
Recommendation and objections thereto, the following order is entered:
AND NOW, this 22nd day of March, 2013;
IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas
Corpus is DENIED.
The Report and Recommendation [ECF No. 15] of Magistrate Judge Baxter, filed
on February 4, 2013, is adopted as the opinion of the Court.
The Clerk is directed to mark the case closed.
[ECF No. 17 at 1 (emphasis added)].
Accordingly, this 29th day of April, 2013, it is hereby ORDERED that Howard's motion
for reconsideration [ECF No. 18] is DENIED.

s/ Sean J. McLaughlin
United States District Court Judge
Western District of Pennsylvania

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