L. Malloy v. PA Board of Probation and Parole (Majority Opinion)
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Leonard Malloy, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent BEFORE: : : : : : : : : No. 1851 C.D. 2010 Submitted: May 6, 2011 HONORABLE BERNARD L. McGINLEY, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JAMES R. KELLEY, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE KELLEY FILED: June 21, 2011 Leonard Malloy (Malloy) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief from the Board s decision. In addition to the petition for review, we are presented with an amended petition to withdraw appearance as counsel filed by Malloy s court-appointed attorney, Kent D. Watkins, Esquire, on the grounds that Malloy s appeal is without merit. We again deny Attorney Watkins petition to withdraw appearance as counsel. On September 8, 2010, Malloy filed a petition for review with this Court. On November 30, 2010, Attorney Watkins filed his first petition to withdraw along with a no-merit letter based upon his belief that Malloy s appeal is without merit. However, counsel failed to address all the issues raised by Malloy in this appeal. By order dated March 15, 2011, this Court denied the petition to withdraw, but with leave to amend or, in the alternative, to file a brief supporting Malloy s position within thirty (30) days of the order. On April 20, 2011 - six days after the thirty-day period had expired - Attorney Watkins filed an amended petition to withdraw and no merit letter again stating his belief that Malloy s appeal is without merit.1 Attorney Watkins did not request an extension of time, nor has he asserted any reason for his untimely filing. We dismiss Attorney Watkins petition for leave to withdraw as counsel as untimely and direct counsel to file a brief in support of Malloy s petition for review. _________________________________ JAMES R. KELLEY, Senior Judge 1 We note that the no merit letter filed by Attorney Watkins with this Court is dated April 19, 2011. 2. IN THE COMMONWEALTH COURT OF PENNSYLVANIA Leonard Malloy, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent : : : : : : : : No. 1851 C.D. 2010 ORDER AND NOW, this 21st day of June, 2011, the amended petition to withdraw appearance as counsel filed by Kent D. Watkins is DISMISSED, and counsel is directed to file a brief in support of Leonard Malloy s petition for review within thirty (30) days of this order. Failure to comply with this Court s order may result in sanctions. The Chief Clerk is directed to send a copy of this order to the Public Defender of Schuylkill County, Michael J. Stine. _________________________________ JAMES R. KELLEY, Senior Judge
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