Commonwealth ex rel. Smith v. Pa. Dept. of Corrections

McGINLEY, Judge.

Before this Court are the preliminary objections of the Pennsylvania Department of Corrections (Respondent) to Bernard Smith’s (Smith) petition for review filed in this Court’s original jurisdiction.1

On February 26, 2003, Smith, proceeding pro se, filed an action in mandamus which this Court treated as a petition for review. Smith alleges:

Parties

1. Bernard Smith, is the plaintiff ... an adult prisoner, incarcerated at Somerset State Prison.

FACTS

3. In 1992, plaintiff [Smith] was charged with Robbery, and criminal conspiracy and thereafter sentenced to a one (1) year six (6)…