MORELAND v. COMMONWEALTH OF PA.

Filing 7

ORDER denying 5 Motion for Reconsideration. Signed by Judge Arthur J. Schwab on 11/26/2014. (lmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LAFAYETTE M. MORELAND,
Plaintiff,

14cv1386
ELECTRONICALLY FILED

v.
COMMONWEALTH OF PENNSYLVANIA,
Defendant.

MEMORANDUM OPINION
On October 25, 2014, pro se Plaintiff filed a Motion asking this Court to Reconsider its
Order (doc. no. 4) adopting the Magistrate Judge’s October 31, 2014, Report and
Recommendation (“R&R”). Doc. no. 2. The Magistrate Judge’s R&R recommended that the
Plaintiff’s Petition (doc. no. 1), filed pursuant to 28 U.S.C. § 2254, be dismissed sua sponte for
lack of jurisdiction. The docket in this case clearly indicates that the Magistrate Judge’s R&R
was mailed to Plaintiff on October 31, 2014 at his listed address of record, which is a federal
correctional facility in Cumberland, Maryland. See docket.
The Plaintiff had until November 17, 2014, to file his Objections to the R&R. He did not
do so by the November 17, 2014 deadline. Therefore, on November 18, 2014, this Court entered
an Order adopting the Magistrate Judge’s R&R. Doc. no. 4.
Now, Plaintiff argues that he mailed his Objections on November 14, 2011, and
hypothesizes that the due to the delivery delay experienced through the use of the U.S. Mail
system, his Objections did not reach the Court until some date post the filing deadline. See doc.
no. 5. However, contrary to Plaintiff’s assertions, there no Objections are noted on the docket.

See docket. Accordingly, there is nothing for this Court to reconsider. For this reason, the
Motion for Reconsideration shall be denied.

AND NOW, this 26th day of November, 2014, IT IS HEREBY ORDERED that the
Motion for Reconsideration of the Court’s Order dated November 18, 2014 (Motion filed at doc.
no. 5), is DENIED.
SO ORDERED, this 26th day of November, 2014.
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge
cc:

LAFAYETTE M. MORELAND
09660-068
Federal Correctional Inst.
Cumberland, MD 21501

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