BUTLER v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 13

MEMORANDUM ORDER adopting Report and Recommendations re 11 Report and Recommendations. IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 3) is DENIED.IT IS FURTHER ORDERED that the Report and Recommendation dated July 23, 2 013, (ECF No. 11), is ADOPTED as the opinion of the Court.IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Terrence F. McVerry on 8/20/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CLARENCE LAMONT BUTLER,
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA and THE
ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

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Civil Action No. 11 – 826
District Judge Terrence F. McVerry
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation issued by Chief
Magistrate Judge Lisa Pupo Lenihan on July 23, 2013, recommending that the Petition for Writ
of Habeas Corpus be denied. The parties were served with the Report and Recommendation and
informed that they had until August 9, 2013, to file written objections. Petitioner filed untimely
objections to the Report and Recommendation on August 12, 2013.1

Notwithstanding the

untimeliness, Petitioner’s objections do not undermine the recommendation of the magistrate
judge. As such, after de novo review of the pleadings and documents in the case, together with
the Report and Recommendation, and the objections thereto, the following order is entered.
AND NOW, this 20th day of August, 2013,
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This is the filing date under the “mailbox rule.” Pennsylvania and federal courts employ the prisoner mailbox rule.
See Perry v. Diguglielmo, 169 Fed. Appx. 134, 136 n.3 (3d Cir. 2006) (citing Commonwealth v. Little, 716 A.2d
1287 (Pa. Super. Ct. 1998)); Burns v. Morton, 134 F.3d 109, 113 (3d Cir. 1998). Under this doctrine, a prisoner’s
pro se pleading is deemed filed when delivered to prison officials for mailing. See Burns, 134 F.3d at 113;
Commonwealth v. Castro, 766 A.2d 1283, 1287 (Pa. Super. Ct. 2001) (deemed filed when given to proper prison
authority or placed in a prison mailbox). Petitioner’s objections are postmarked August 12, 2013.
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IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 3) is
DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation dated July 23,
2013, (ECF No. 11), is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
s/Terrence F. McVerry
United States District Judge
cc: Clarence Lamont Butler
GN 6823
S.C.I. Greene
175 Progress Drive
Waynesburg, PA 15370
(Via First Class U.S. Postal Mail)
Counsel of Record
(Via ECF Electronic Mail)

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