ALEXANDER v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 8

MEMORANDUM OPINION - Upon an independent review of the record, and consideration of the magistrate judges Report and Recommendation, 7 Report and Recommendation will be adopted, 5 motion to dismiss will be granted and a certificate of appealability will be denied. An appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 7/26/2017. (smc)

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

DURAND ALEXANDER,
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA and THE
ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

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Civil Action No. 17 – 204
Chief District Judge Joy Flowers Conti
Magistrate Judge Lisa Pup Lenihan

MEMORANDUM OPINION
Before the Court is a Petition for Writ of Habeas Corpus filed by Petitioner Durand
Alexander (“Petitioner”) pursuant to 28 U.S.C. § 2254, seeking relief from his July 13, 2010
judgment of sentence in the Court of Common Pleas of Allegheny County. His Petition was
docketed on February 14, 2017, and in accordance with the Magistrate Judge’s Act, 28 U.S.C. §
636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court, all pretrial matters were
referred to a United States Magistrate Judge.
On March 14, 2017, respondents filed a Motion to Dismiss the Petition for Writ of
Habeas Corpus, and on May 18, 2017, the magistrate judge issued a Report and
Recommendation recommending that the motion be granted and that the petition be dismissed as
untimely filed. Petitioner was served with the Report and Recommendation and told that the
deadline to file written objections was June 5, 2017. However, the Report and Recommendation
was returned to the court on June 9, 2017 with a label stating “Inmate Temporarily Absent.” A
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search on the Pennsylvania Department of Corrections Inmate Locator revealed that Petitioner
had been moved to a different correctional facility, and on June 16, 2017, the court remailed a
copy of the Report and Recommendation to him at his new address.1 As of today, no objections
have been filed. Therefore, upon an independent review of the record, and consideration of the
magistrate judge’s Report and Recommendation, the Report and Recommendation will be
adopted, the motion to dismiss will be granted and a certificate of appealability will be denied.
An appropriate order will be entered.

Dated: July 26, 2017

By the Court:
/s/ Joy Flowers Conti______
Joy Flowers Conti
Chief United States District Judge

cc: Durand Alexander
JQ-4234
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
Counsel of record

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Petitioner has still not provided the Court with an updated address.
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