Damien ClagonIn re: Damien Clagon
| In re: DAMIEN D. CLAGON |
| SUPERINTENDANT MORRIS HOUSER, @SCI BENNER TOWNSHIP, DISTRICT ATTORNEY LANCASTER COUNTY, , PA and ASSISTANT ATTORNEY GENERAL UNITED STATES OF AMERICA |
| 23-2461 |
| August 18, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 08/18/2023 03:54 PM] |
| Filing 2 NONCOMPLIANCE Order: In an order entered on August 11, 2023, the U.S. District Court for the Eastern District of Pennsylvania transferred the petitioner's habeas-corpus application to this Court for consideration as a motion under 28 U.S.C. Section: 2244 for an order authorizing the district court to consider a second or successive application for relief under 28 U.S.C. Section: 2254. Pursuant to 3d Cir. L.A.R. 22.5(h), if the District Court enters an order transferring a petition, it shall promptly forward the record to this Court. This record includes copies of the proposed new Section: 2254 application, copies of all prior habeas applications, any magistrate's report(s) regarding prior habeas action(s), and the District Court opinions and/or order(s) regarding prior habeas action(s). An additional document from the Petitioner is required for the Court to consider the motion. Accordingly, it is hereby ORDERED that the Petitioner submit the following document within twenty-one (21) days of the date of this order: (1) a memorandum, not exceeding 20 pages, which clearly states how the standards of Section: 2244(b) are satisfied. See 3rd Cir. L.A.R. 22.5(i). Because the proper document was not included with the Section: 2244 application, the application is deemed lodged with the Court. A copy of the memorandum must be served on the Lancaster County District Attorney. Petitioner must also file a certificate of service with the Clerk of the Court of Appeals demonstrating that the memorandum has been served. Respondent may file a response within 7 days of the filing of Petitioner's completed application. The deadlines set forth in this order supersede any other deadlines set in this case. No action will be taken regarding Petitioner's application until the above-listed document is received by the Clerk. Failure to file this memorandum may result in the dismissal of the case. (AMR) [Entered: 08/18/2023 03:46 PM] |
| Filing 1 Application for Leave to File Second or Successive Petition pursuant to 28 U.S.C. Section 2244(b) filed. Notice filed by Petitioner Mr. Damien D. Clagon. Placed in Prison Mail on 01/16/2023. Transferred from Eastern District. Received in the Court of Appeals on 08/11/2023. (AMR) [Entered: 08/18/2023 03:28 PM] |
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