WHITE v. CLARK et al

Filing 22

ORDER granting 8 Motion to Dismiss with prejudice as untimely filed; adopting Report and Recommendations re 17 Report and Recommendations as supplemented by the accompanying memorandum opinion, as the opinion of the Court. IT IS FURTHER ORDERE D that the Clerk of Court mark this case CLOSED.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 Chief Judge Joy Flowers Conti on 4/12/2018. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LAWRENCE WHITE,
Petitioner,
v.
SUPERINTENDENT CLARK and the
DISTRICT ATTORNEY OF
ALLEGHENY COUNTY,
Respondents.

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Civil Action No. 2: 17-cv-1460
United States Chief Judge
Joy Flowers Conti

ORDER
AND NOW, this 12th day of April, 2018, it is hereby ORDERED, ADJUDGED AND
DECREED that for the reasons set forth in the accompanying memorandum opinion, the Motion
to Dismiss (ECF No. 8) is GRANTED and the Petition for Writ of Habeas Corpus filed by
petitioner Lawrence White (ECF No. 4) is DISMISSED with prejudice as untimely filed.
It is FURTHER ORDERED that a certificate of appealability is DENIED.
The Report and Recommendation filed on February 20, 2018 (ECF No. 17) is
ADOPTED, as supplemented by the accompanying memorandum opinion, 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/ Joy Flowers Conti

Joy Flowers Conti
Chief United States District Judge
cc:

LAWRENCE WHITE
MV-3538
SCI Albion
10745, Route 18
Albion, PA 16475-0002
(via U.S. First Class Mail)
Rusheen R. Pettit
Office of the District Attorney
(via ECF electronic notification)

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