Carvell Rice v. Superintendent Frackville SCI, et al
Plaintiff / Appellant: CARVELL RICE
Defendant / Appellee: SUPERINTENDENT FRACKVILLE SCI, DISTRICT ATTORNEY PHILADELPHIA and ATTORNEY GENERAL PENNSYLVANIA
Case Number: 23-3063
Filed: November 21, 2023
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Habeas Corpus
Docket Report

This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2024 Filing 13 MOTION filed by Appellant Mr. Carvell Rice to Compel Sevice of Filings/Documents. Response, if any, due on 01/19/2024. Certificate of Service dated 01/05/2024. Service made by US mail. (CJG) [Entered: 01/12/2024 03:23 PM]
January 3, 2024 Opinion or Order Filing 12 ORDER (Clerk) The foregoing letter motion to rescind motion to compel is granted. Appellants motion to compel service of filings is vacated, Appellant received has received a response to his December 7, 2023, letter. (AMR) [Entered: 01/03/2024 08:52 AM]
December 26, 2023 Filing 11 Letter filed by Appellant Mr. Carvell Rice Requesting to Rescind Motion to Compel. (CJG) [Entered: 12/27/2023 12:03 PM]
December 22, 2023 Filing 10 MOTION filed by Appellant Mr. Carvell Rice to Compel Service of Filings/Documents. Certificate of Service dated 12/17/2023. Service made by US mail. (CJG) [Entered: 12/27/2023 12:01 PM]
December 12, 2023 Filing 9 CLERK LETTER SENT to Appellant Mr. Carvell Rice in response to letter received on December 11, 2023. (CJG) [Entered: 12/12/2023 10:53 AM]
December 11, 2023 Filing 8 LETTER from Appellant Mr. Carvell Rice regarding the deadline for filing appearance and confirming the spelling of his name. (CJG) [Entered: 12/12/2023 10:52 AM]
November 29, 2023 Filing 7 ECF FILER: ENTRY OF APPEARANCE from David Napiorski on behalf of Appellee(s) Supt. Frackville SCI; District Attorney of Philadelphia County; Attorney General of the State of Pennsylvania. [23-3063] (DN) [Entered: 11/29/2023 01:16 PM]
November 28, 2023 Filing 5 LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for a decision on the issuance of certificate of appealability. (MW) [Entered: 11/28/2023 02:52 PM]
November 21, 2023 Filing 6 MOTION filed by Appellant Mr. Carvell Rice for Certificate of Appealability, previously attached to Notice of Appeal. Response, if any, due on 12/18/2023. Certificate of Service dated 11/13/2023. Service made by US mail. (CJG) [Entered: 11/29/2023 10:05 AM]
November 21, 2023 Filing 4 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 (CJG) [Entered: 11/21/2023 03:40 PM]
November 21, 2023 Opinion or Order 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 Petitioner's new facility, Frackville 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. (CJG) [Entered: 11/21/2023 03:39 PM]
November 21, 2023 Filing 2 PARTIAL RECORD available on District Court CM/ECF. (CJG) [Entered: 11/21/2023 03:38 PM]
November 21, 2023 Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Mr. Carvell Rice in District Court No. 2-01-cv-05602. (CJG) [Entered: 11/21/2023 03:36 PM]

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Plaintiff / appellant: CARVELL RICE
Represented By: Carvell Rice
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Defendant / appellee: SUPERINTENDENT FRACKVILLE SCI
Represented By: Katherine E. Ernst Esq.
Represented By: David Napiorski Esq.
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Defendant / appellee: DISTRICT ATTORNEY PHILADELPHIA
Represented By: Katherine E. Ernst Esq.
Represented By: David Napiorski Esq.
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Defendant / appellee: ATTORNEY GENERAL PENNSYLVANIA
Represented By: Susan E. Affronti Esq.
Represented By: Ronald Eisenberg Esq.
Represented By: Katherine E. Ernst Esq.
Represented By: David Napiorski Esq.
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