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Casey Oliver v. Superintendent Burns and the

July 17, 2012

CASEY OLIVER,
PETITIONER,
v.
SUPERINTENDENT BURNS AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA,
RESPONDENTS.



The opinion of the court was delivered by: Chief Magistrate Judge Lisa Pupo Lenihan

ECF No. 5

MEMORANDUM OPINION AND ORDER

Petitioner, Casey Oliver, currently incarcerated at Butler County Prison in Butler, Pennsylvania, initiated this action on January 30, 2012,*fn1 by filing a Petition for Writ of Habeas Corpus (hereinafter referred to as "Petition") pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Currently pending before the Court is a Motion to Dismiss the Petition filed by Respondents on February 22, 2012. (ECF No. 5.) Petitioner filed a response in opposition to the Motion to Dismiss on March 2, 2012. (ECF No. 7.) For the following reasons, the Motion will be granted in part and denied in part, the Petition will be dismissed without prejudice, and a certificate of appealability will be denied.

A.Relevant Procedural History

On February 9, 2008, Petitioner was arrested and charged by information at CC No. 200805963, with having committed in Allegheny County, Pennsylvania, one count each of simple assault, burglary, robbery of a motor vehicle, criminal attempt, driving an unregistered vehicle, and improper backing; two counts each of driving while operating on a suspended or revoked license, fleeing or attempting to elude a police office, reckless driving, and failure to drive a vehicle at a safe speed; and five counts of failure to stop at a stop sign. (ECF No. 5-1 at 1-19.)

On March 14, 2008, the State of Maryland, Washington County, filed a complaint and issued an arrest warrant for Petitioner in 6V00058897, alleging that Petitioner had committed, on or about November 10, 2007, one count each of theft, forgery of private documents, issuing a false document, and uttering a bad check. (ECF No. 5-1 at 21-33.) On June 9, 2008, Petitioner was lodged in the Allegheny County Jail and a detainer on behalf of Washington County, Maryland was lodged against him for having committed the aforementioned offenses. (ECF No. 5-1 at 20.)

On July 8, 2008, the Allegheny County District Attorney's Office filed a Petition for Extension of Time under the Uniform Criminal Extradition Act, 42 Pa. C.S.A. § 9138 in CC No. 200804235. (ECF No. 5-1 at 34.) The Commonwealth's extension request stated that the Allegheny County District Attorney's Office confirmed that extradition proceedings had been initiated but that the Governor's papers had not yet arrived. (ECF No. 5-1 at 34.) Accordingly, the Commonwealth sought and was granted a 60-day extension in order to wait for the arrival of the Governor's papers. (ECF No. 5-1 at 34-35.)

On November 12, 2008, Petitioner entered a negotiated guilty plea in CC No. 200805963 to one count each of burglary, criminal attempt, robbery of a motor vehicle, simple assault, and two counts each of fleeing and eluding a police officer and driving while operating privilege is suspended. (ECF No. 5-1 at 4-6, 8.) That same day, Petitioner was sentenced to serve an aggregate term of eighteen to thirty-six months of incarceration, effective June 7, 2008, to be followed by three years of probation, and to pay a fine of two hundred dollars and participate in random drug screening. (ECF No. 5-1 at 4-6, 8.) No direct appeal was filed from his judgment of sentence.

On December 18, 2008, the trial court issued an order dismissing the fugitive proceedings against Petitioner in CC No. 200804235. (ECF No. 5-1 at 36.) Specifically, the trial court stated that the 90th day to secure a Governor's Warrant to allow for extradition was September 5, 2008, and that the Governor's Warrant did not arrive on time. (ECF No. 5-1 at 36.) Therefore, the trial court dismissed, without prejudice, the fugitive charges on behalf of the State of Maryland, Washington County. (ECF No. 5-1 at 36.)

On October 20, 2009, Petitioner filed a Motion to Modify and Reduce Sentence nunc pro tunc in CC No. 200805963. (ECF No. 5-1 at 37-41.) The court treated Petitioner's motion as a pro se PCRA petition and appointed counsel to address the issues therein and prepare an amended PCRA petition. Petitioner's PCRA petition was dismissed by the trial court on August 12, 2010, after Petitioner's PCRA counsel filed a no merit letter to the trial court stating that Petitioner's claims were of no arguable merit. (ECF No. 5-2 at 1-12.)

Pursuant to the mailbox rule, Petitioner filed his Petition for Writ of Habeas Corpus in this Court on January 30, 2012. (ECF No. 1.) Petitioner raises two claims in his Petition: (1) the Commonwealth needed to secure, but did not, a Governor's Warrant in order to extradite Petitioner to Maryland; and (2) under the Uniform Extradition Act, the Extradition State must prove that the person was present in that state at the time of the crime. For the following reasons, the Petition must be dismissed.

B.Jurisdiction

Petitioner filed his habeas petition pursuant to 28 U.S.C. § 2254. As an initial matter, the Court must determine whether it has the authority to review the Petition under § 2254.

Section 2254(a) of Title 28 of the United States Code gives the Court jurisdiction to entertain a habeas petition as follows:

[A] district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the ...


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