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Spotts v. Holt

United States District Court, M.D. Pennsylvania

July 10, 2015

KANDRE SPOTTS, Petitioner,
v.
ERIC HOLT, WARDEN, Respondent.

ORDER

EDWIN M. KOSIK, District Judge.

AND NOW, THIS 10 th DAY OF JULY, 2015, IT APPEARING TO THE COURT THAT:

(1) Petitioner, Michael Tyrone McCullon, a prisoner confined at the United States Penitentiary, Lewisburg, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on April 21, 2014;

(2) In his petition, petitioner challenges a December 18, 2012 disciplinary hearing following which petitioner was found guilty. Petitioner alleges that he was found guilty of the charges despite a contradictory video tape of the incident;

(3) The action was assigned to Magistrate Judge Martin C. Carlson for Report and Recommendation;

(4) On July 17, 2014, following an extensive procedural history, the Magistrate Judge recommended that the Petition for Writ of Habeas Corpus be dismissed;

(5) Petitioner requested and received the opportunity to file an Amended Petition for Writ of Habeas Corpus (Docs. 19 and 20), and an Amended Petition for Writ of Habeas Corpus was filed on July 9, 2012 (Doc. 21);

(6) On October 4, 2012, the Magistrate Judge issued a Report and Recommendation (Doc. 32), wherein he recommended that the Amended Petition for Writ of Habeas Corpus be denied;

(7) Specifically, the Magistrate Judge found that Petitioner was afforded the due process protections set forth in Wolff v. McDonnell, 418 U.S. 539 (1974) and that there was sufficient evidence to support the findings of misconduct as required by Superintendent v. Hill, 472 U.S. 445 (1985);

(8) On October 12, 2012, Petitioner filed a request for Stay of Proceedings (Doc. 33) for ninety (90) days so that he could seek additional discovery to support his §2241 petition;

(9) On October 23, 2012, this court entered an Order (Doc. 34) denying Petitioner's request for Stay of Proceedings and allowing Petitioner fourteen (14) days in which to file Objections to the Report and Recommendation of the Magistrate Judge;

(10) Instead of filing Objections to the Report and Recommendation, on October 31, 2012, Petitioner filed a Motion Requesting a Voluntary Dismissal of Action in Compliance with Fed. R. Civ. Proc. 41(a) (Doc. 35). In his motion, Petitioner requested that the motion be granted "without prejudice so that at a later date he may refile claims if needed";

(11) The motion was granted on November 1, 2012 (Doc. 36) and the case was closed;

(12) On December 17, 2014, Petitioner filed a Motion to Reopen Writ of Habeas Corpus (Doc. 37). Specifically, Petitioner requested that the case be "reopened for a judicial ...


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