Anthony Heath v. Superintendent Frackville SCI, et al
| ANTHONY HEATH |
| ATTORNEY GENERAL PENNSYLVANIA, SUPERINTENDENT FRACKVILLE SCI and DISTRICT ATTORNEY LEHIGH COUNTY |
| 24-2884 |
| October 9, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on December 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 COPY OF ORDER OF DISTRICT COURT dated 12/03/2024 signed by U.S. District Court Judge John M. Gallagher, IT IS HEREBY ORDERED that the Court finds there is no cause for issuance of a certificate of appealability, and the Petitioner's Motion for Leave to Continue In Forma Pauperis on Appeal is DENIED without prejudice. IT IS FURTHER ORDERED that Petitioner has until Monday, January 6, 2025, to refile an amended version of Petitioner's Motion for Leave to Continue In Forma Pauperis on Appeal consistent with the requirements set forth in this Order. SEE ORDER FOR COMPLETE TEXT. (ARR) [Entered: 12/06/2024 10:00 AM] |
| Filing 18 MOTION filed by Appellant Anthony Heath in Nature of Equity for Assistance of Counsel - Third Request & Motion in Nature of Equity for Judicial Notice - First Request. Certificate of Service dated 11/27/2024. Service made by US mail. (ARR) [Entered: 12/06/2024 09:52 AM] |
Filing 17
ORDER (Clerk) The foregoing motion is construed as a motion to proceed on the original record and motion for leave to file fewer copies of the brief and appendix. So construed, the motion is granted provided that the following documents are attached at the time Appellants brief is filed: (1) copy of the district court docket entries; (2) the notice of appeal; and (3) the order being appealed and any accompanying memorandum. Appellant may file one (1) original and three (3) hard copies of the brief. (DW) [Entered: 11/18/2024 01:15 PM]
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| Filing 16 MOTION filed by Appellant Anthony Heath in Nature of Equity Requesting Court's Waiver of Service Rules, construed as Motion for Leave to Proceed on the Original Record and File Reduced Number of Copies. Certificate of Service dated 11/10/2024. Service made by US mail. (ARR) [Entered: 11/15/2024 03:35 PM] |
| Filing 15 MOTION filed by Appellant Anthony Heath Seeking Relief in the Nature of Equity Seeking Permission to be Recognized and Permission to Prosecute this Appeal in My Capacity as a Pro Se Attorney In Fact. Certificate of Service dated 11/10/2024. Service made by US mail. (ARR) [Entered: 11/15/2024 03:32 PM] |
| Filing 14 STATUS REPORT received from Appellant Anthony Heath. Next status report to be filed on or before 12/16/2024 (ARR) [Entered: 11/15/2024 03:30 PM] |
| Filing 13 ECF FILER: STATUS REPORT received from Appellee District Attorney Lehigh County. Certificate of Service dated 11/12/2024. Service made by US mail. [24-2884] (HFG) [Entered: 11/12/2024 04:36 PM] |
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Filing 12
ORDER (Clerk) The motions for leave to proceed in forma pauperis are granted. The Court may reconsider in forma pauperis status or request additional information at any time during the course of these proceedings. Appellant's motion for appointment of counsel is referred to a motions panel. (ARR) [Entered: 11/01/2024 03:38 PM]
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| Filing 11 FOLLOW UP LETTER to Susan E. Affronti, Esq.and Ronald Eisenberg, Esq. for Appellee Attorney General Pennsylvania and Katherine E. Ernst, Esq. for Appellee Superintendent Frackville SCI requesting the following document. Appearance Form on or before 11/14/2024. (DW) [Entered: 10/31/2024 10:39 AM] |
| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant Anthony Heath. (DW) [Entered: 10/30/2024 03:59 PM] |
| Filing 9 MOTION filed by Appellant Anthony Heath to Proceed In Forma Pauperis. Response due on 11/12/2024. Certificate of Service dated 10/30/2024. Service made by ECF. (DW) [Entered: 10/30/2024 03:55 PM] |
| Filing 8 CLERK LETTER SENT to Appellant Anthony Heath in response to Appellant's Letter inquiry received on October 28, 2024. (DW) [Entered: 10/30/2024 03:07 PM] |
| Filing 7 LETTER inquiry from Appellant Anthony Heath regarding sevices the Court may offer pro se litigants as well as the responsibilities of a litigant with a request to note that his documents submitted to the Clerk may be mailed in separate envelopes. Service made on 10/29/2024 by ECF. (DW) [Entered: 10/29/2024 11:06 AM] |
| Filing 6 RESPONSE on behalf of Appellant Anthony Heath to the Clerk's Order dated October 10, 2024 and Motion for Appointment of Counsel with Request to Proceed in Forma Pauperis. Certificate of Service dated 10/16/2024. Service made by US mail. (DW) [Entered: 10/22/2024 08:42 AM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Chief Deputy D.A. Heather F. Gallagher on behalf of Appellee(s) District Attorney of Lehigh County, Pennsylvania, with Certificate of Service. [24-2884] (HFG) [Entered: 10/11/2024 03:31 PM] |
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Filing 4
ORDER (Clerk) remanding appeal to District Court for the purpose of either issuance of a certificate of appealability or a statement of reasons why one should not issue. The appeal is STAYED pending determination by the District Court. It is ordered that the parties file a status report to be filed on or before 11/12/2024 and every 30 days thereafter until a determination is made by the District Court. (DW) [Entered: 10/10/2024 01:40 PM]
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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 (GCH) [Entered: 10/09/2024 03:37 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (GCH) [Entered: 10/09/2024 03:37 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Anthony Heath in District Court No. 5-20-cv-03722. (GCH) [Entered: 10/09/2024 03:31 PM] |
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