FERNANDEZ v. ESTOCK et al

FERNANDEZ v. ESTOCK et al

Case Number:	2:2019cv05780
Filed:	February 26, 2021
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Philadelphia Office
Nature of Suit:	Habeas Corpus: (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
February 26, 2021	Filing 37 ORDER THAT PETITIONER'S FIRST MOTION TO SUPPLEMENT, ECF NO. 20, IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED TO THE EXTENT THAT IT ASKS THE COURT TO CONSIDER SUPPLEMENTAL MATERIALS, BUT IT IS DENIED TO THE EXTENT PETITIONER S EEKS IMMEDIATE RELEASE. PETITIONER'S LETTER-REQUEST FOR APPOINTMENT OF COUNSEL, ECF NO. 33, IS DENIED WITHOUT PREJUDICE. PETITIONER'S SECOND MOTION TO SUPPLEMENT, ECF NO. 34, IS GRANTED. PETITIONER'S MOTION TO COMPEL DE NOVO DET ERMINATION, ECF NO. 35, IS DISMISSED. THE REPORT AND RECOMMENDATION, ECF NO. 30, IS ADOPTED AS SET FORTH IN THIS COURT'S OPINION. THE PETITION FOR WRIT OF HABEAS CORPUS, ECF NO. 2, IS DISMISSED IN PART AND DENIED IN PART. CLAIMS ONE THROUGH THREE ARE DISMISSED AS UNTIMELY. CLAIM FOUR IS DENIED ON THE MERITS. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/26/21. 2/26/21 ENTERED AND COPIES(NOT MAILED TO PRO SE PETITIONER) AND E-MAILED.(er, )

Date Filed

Document Text

February 26, 2021

Filing 37 ORDER THAT PETITIONER'S FIRST MOTION TO SUPPLEMENT, ECF NO. 20, IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED TO THE EXTENT THAT IT ASKS THE COURT TO CONSIDER SUPPLEMENTAL MATERIALS, BUT IT IS DENIED TO THE EXTENT PETITIONER S EEKS IMMEDIATE RELEASE. PETITIONER'S LETTER-REQUEST FOR APPOINTMENT OF COUNSEL, ECF NO. 33, IS DENIED WITHOUT PREJUDICE. PETITIONER'S SECOND MOTION TO SUPPLEMENT, ECF NO. 34, IS GRANTED. PETITIONER'S MOTION TO COMPEL DE NOVO DET ERMINATION, ECF NO. 35, IS DISMISSED. THE REPORT AND RECOMMENDATION, ECF NO. 30, IS ADOPTED AS SET FORTH IN THIS COURT'S OPINION. THE PETITION FOR WRIT OF HABEAS CORPUS, ECF NO. 2, IS DISMISSED IN PART AND DENIED IN PART. CLAIMS ONE THROUGH THREE ARE DISMISSED AS UNTIMELY. CLAIM FOUR IS DENIED ON THE MERITS. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/26/21. 2/26/21 ENTERED AND COPIES(NOT MAILED TO PRO SE PETITIONER) AND E-MAILED.(er, )

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