William Rohland v. Superintendent Huntingdon SCI, et al
| WILLIAM ROHLAND |
| SUPERINTENDENT HUNTINGDON SCI and ATTORNEY GENERAL PENNSYLVANIA |
| 21-2370 |
| July 23, 2021 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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Filing 7
ORDER (Clerk) The foregoing document is considered. Because you have not paid the appellate fees or applied for in forma pauperis status, no action can be taken regarding your appeal or your motion to stay the appeal unless and until you take care of your fee obligations. You may wish to note that because your appeal concerns a petition for habeas corpus rather than a prisoner civil rights suit, your appeal is not subject to the provisions of the Prisoner Litigation Reform Act of 1995 and if you apply for leave to proceed in forma pauperis, the fees will not be assessed from your prison account. We note that you have already filed your response regarding the jurisdictional issue in this appeal so no further responses are required at this time. The briefing schedule will not issue unless the jurisdictional issue is referred to the merits panel. Accordingly, if you wish to pursue your appeal and your motion to stay the appeal, you must file an application for leave to proceed in forma pauperis along with an affidavit of poverty, within 21 days of the date of this Order. Should you fail to file these documents within the time stated, you will face dismissal of this appeal pursuant to Third Circuit LAR 3.3 and Misc. 107.1 without further notice. A copy of the form affidavit is attached for your convenience. . (TMM) [Entered: 08/31/2021 04:15 PM]
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| Filing 6 LETTER MOTION filed by Appellant William Rohland to Stay. Certificate of Service dated 08/20/2021. Service made by US mail. (TMM) [Entered: 08/26/2021 10:54 AM] |
| Filing 5 RESPONSE on behalf of Appellant William Rohland to letter advising of possible dismissal [ # 4 ]. Certificate of Service dated 08/10/2021. Service made by US mail. (TMM) [Entered: 08/17/2021 04:27 PM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (JW) [Entered: 08/03/2021 01:13 PM] |
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Filing 3
ORDER (Clerk) Appellant was housed at Graterford State Correctional Institution (SCI) when he filed the underlying habeas petition, and named the superintendent of Graterford as the respondent. It is noted that Graterford ceased operations on July 15, 2018. Accordingly, the superintendent of Petitioners new facility, Huntingdon SCI, has been substituted into the case and caption as the appellee. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004). It is noted that the superintendent has been added by title, not name. See Fed. R. App. P. 43(c)(2). Any objections to this order must be filed and served within seven (7) days of the date of this order. (AMR) [Entered: 07/23/2021 12:36 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 07/23/2021 12:34 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant William Rohland in District Court No. 1-10-cv-02420. (AMR) [Entered: 07/23/2021 12:28 PM] |
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