Robert Taylor v. District Attorney Philadelphia, et al
| FRANK PALUMBO, Currently Official Judge, CITY OF PHILADELPHIA, CRIMINAL JUSTICE CENTER, OBRIEN, Currently Ciity of Philadelphia Police Officer #7461, UNNAMED AND UNKNOWN CITY OF PHLADELPHIA POLICE OFFICERS, CURRAN FROMHOLD CORRECTIONAL FACILITY, DISTRICT ATTORNEY PHILADELPHIA, GERALD MAY, Currently Warden and PHILADELPHIA SHERIFFS OFFICE |
| ROBERT TAYLOR |
| DEFENDER ASSOCIATION OF PHILADELPHIA and CHRIS ANGELO, Currently Public Defender |
| 17-3507 |
| November 17, 2017 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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| MANDATE ISSUED., filed. (DW) [Entered: 04/05/2018 08:10 AM] |
ORDER (CHAGARES, GREENAWAY, JR. and GREENBERG, Circuit Judges) Taylor's motion to vacate the District Court's October 11, 2017 order dismissing his case is granted in part and denied in part. To the extent one is required, Taylor's request for a certificate of appealability is denied. See 28 U.S.C. Section: 2253(c)(2). Jurists of reason would agree that the District Court properly dismissed Taylor's complaint without prejudice to the extent that he sought habeas relief for unexhausted claims. See 28 U.S.C. Section: 2254(b)(1)(A); Coleman v. Thompson, 501 U.S. 722, 731 (1991); Moore v. DeYoung, 515 F.2d 437, 442 (3d Cir. 1975). The District Court's order is otherwise summarily affirmed to the extent that it dismissed Taylor's petition for habeas relief without prejudice. See 3rd Circuit LAR 27.4 and I.O.P. 10.6. The District Court's October 11, 2017 order is summarily vacated to the extent that it dismisses Taylor's civil rights claims without analyzing whether Taylor is entitled to an opportunity to amend his complaint. See Alston v. Parker, 363 F.3d 229, 235 (3d Cir. 2004). As the District Court was not required to dismiss Taylor's complaint for seeking both habeas relief and relief for his civil rights claims in a single suit, cf. Harper v. Jeffries, 808 F.2d 281, 283 (3d Cir. 1986), this case is remanded for further proceedings in the District Court to determine in the first instance whether amendment of Taylor's civil rights claims would be appropriate., filed. Panel ID: CLD-120 Judge: GREENBERG Authoring (DW) [Entered: 03/14/2018 12:27 PM]
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| MOTION filed by Appellant Robert Taylor to Vacate District Court 's Order and Remand Case to the District Court. Response due on 12/29/2017. Certificate of Service dated 12/14/2017. Service made by US mail. (DW) [Entered: 12/19/2017 01:53 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Dennis T. Kelly on behalf of Appellee(s) Defender Association of Philadelphia & Christopher Angelo. (DTK) [Entered: 12/13/2017 12:29 PM] |
| FOLLOW UP LETTER to Defender Association of Philadelphia for Chris Angelo and District Attorney Philadelphia for Curran Fromhold Correctional Facility, City of Philadelphia, Criminal Justice Center and District Attorney Philadelphia requesting the following document: Appearance Form on or before 12/18/2017. (DW) [Entered: 12/04/2017 09:09 AM] |
| Notice received from the district court that the docketing and filing fees were paid by the appellant on 11/22/2017. Receipt #169332. (DW) [Entered: 11/28/2017 01:10 PM] |
| LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for possible summary action., AND advising that the case will be submitted to a panel of this Court for a decision on the issuance of certificate of appealability. (SH) [Entered: 11/21/2017 10:58 AM] |
| RECORD available on District Court CM/ECF. (DW) [Entered: 11/17/2017 04:10 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant Robert Taylor in District Court No. 2-17-cv-03369. (DW) [Entered: 11/17/2017 03:51 PM] |
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