S.P. Austin v. J. Greene, Sr., Court Administrator

IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Shaun P. Austin, :
Petitioner :
:
v. : No. 576 M.D. 2022
: SUBMITTED: February 6, 2024
J. Greene, Sr., Court Administrator :
L. Fisher, Clerk of Courts, :
Court of Common Pleas Northampton :
County, :
Respondents :
OPINION NOT REPORTED
MEMORANDUM OPINION
PER CURIAM FILED: March 5, 2024
Before the Court for disposition are the respective preliminary
objections of Respondent, J. Greene, Sr., Court Administrator, and the Court of
Common Pleas of Northampton County; and Respondent, L. Fisher, Clerk of Courts,
(collectively, Respondents), to the petition for review filed by Petitioner, Shaun P.
Austin. For the reasons set forth below, we sustain the preliminary objections and
dismiss the petition for review with prejudice. In addition, we dismiss as moot
Petitioner’s January 2024 motion for ruling seeking a ruling on Respondents’
application to dismiss, as well as a motion for sanctions and/or enforcement of
discovery.
In his petition for review, Petitioner alleged that Respondents failed to
take certain actions with respect to his Post Conviction Relief Act (PCRA)1 petition
filed at Northampton County Criminal Docket No. CP-48-CR-0002007-2008. In
pertinent part, he averred that Respondents refused to accept for filing motions in
1
42 Pa.C.S. §§ 9541-9546.
connection with his PCRA petition, specifically those seeking an evidentiary hearing
and production of transcripts. He seeks an injunction from this Court ordering
Respondents to schedule a hearing and to produce the transcripts. However, the
Court of Common Pleas of Northampton County dismissed the PCRA petition
without a hearing (Trial Court Order, June 5, 2023), and an appeal from that order
is pending in the Superior Court.2 As Respondents argue, the petition for review
here is nothing more than an impermissible collateral attack on the Northampton
County proceedings. Any issues Petitioner wishes to raise concerning those
proceedings are properly addressed in his Superior Court appeal. At all events, we
lack original jurisdiction over an action against local authorities. See Section 761 of
the Judicial Code, 42 Pa.C.S. §761.
Accordingly, we sustain the preliminary objections and dismiss the
petition for review with prejudice. In addition, we also dismiss as moot Petitioner’s
January 2024 motion for ruling seeking a ruling on Respondents’ application to
dismiss, as well as a motion for sanctions and/or enforcement of discovery. See
Mistich v. Pa. Bd. of Prob. & Parole, 863 A.2d 116, 119 (Pa. Cmwlth. 2004) (after
a suit is filed, the mootness doctrine may be invoked where there is no actual case
or controversy between the parties).
2
This Court may take judicial notice of official court records and public documents. See, e.g.,
Pa.R.E. 201(b)(2) (Judicial notice may be taken of a fact that is not subject to reasonable dispute
where it “can be accurately and readily determined from sources whose accuracy cannot
reasonably be questioned.”); Doxsey v. Commonwealth, 674 A.2d 1173, 1174 (Pa. Cmwlth. 2004)
(judicial notice taken of official criminal records).
2
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Shaun P. Austin, :
Petitioner :
:
v. : No. 576 M.D. 2022
:
J. Greene, Sr., Court Administrator :
L. Fisher, Clerk of Courts, :
Court of Common Pleas Northampton :
County, :
Respondents :
PER CURIAM ORDER
AND NOW, this 5th day of March, 2024, Respondents’ preliminary
objections are SUSTAINED and Petitioner’s petition for review is DISMISSED,
with prejudice. Petitioner’s motion for ruling seeking a ruling on Respondents’
application to dismiss, as well as a motion for sanctions and/or enforcement of
discovery is DISMISSED as moot.