Erik Reed, Jr. v. Superintendent Somerset SCI, et al
| ERIK LAMONT REED, JR. |
| SUPERINTENDENT SOMERSET SCI and DISTRICT ATTORNEY WESTMORELAND COUNTY |
| 25-1851 |
| May 2, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on August 26, 2025. A more recent docket listing may be available from PACER.
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Filing 9
ORDER (KRAUSE, PHIPPS and SCIRICA, Circuit Judges) The motion for a certificate of appealability is denied. Even assuming that jurists of reason could debate the District Court's timeliness ruling, Appellant has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. Section: 2253(c)(2). Jurists of reason would not debate the state court's determination that Appellant was not prejudiced by trial counsel's failure to employ an expert witness. See Strickland v. Washington, 466 U.S. 668, 692-96 (1984) (describing test for prejudice from deficient performance by counsel). The state court reasonably concluded that it was unlikely that expert testimony regarding an 18-year-old's decision-making capabilities would have affected the jury's verdict given the evidence presented at trial (and especially the evidence undermining Appellant's version of events). See Becker v. Sec'y Pa. Dep't Corr., 28 F.4th 459, 460 (3d Cir. 2022) (explaining that federal habeas relief is available if the state court's decision was "contrary to, or involved an unreasonable application of, clearly established Federal law") (quoting 28 U.S.C. Section: 2254(d)). Panel No.: CLD-194. Scirica, Authoring Judge. (GCH) [Entered: 08/26/2025 08:36 AM]
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Filing 8
ORDER (Clerk) granting motion to proceed in forma pauperis filed by Appellant Erik Lamont Reed, Jr.. (GCH) [Entered: 05/23/2025 08:57 AM]
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| Filing 7 PRISONER ACCOUNT STATEMENT on behalf of Appellant Erik Lamont Reed, Jr.. (JK) [Entered: 05/20/2025 02:43 PM] |
| Filing 6 MOTION filed by Appellant Erik Lamont Reed, Jr. to Proceed In Forma Pauperis. Response due on 05/30/2025. Certificate of Service dated 05/14/2025. Service made by US mail. Originally filed in District Court on 5/20/2025. (JK) [Entered: 05/20/2025 02:43 PM] |
| Filing 5 MOTION filed by Appellant Erik Lamont Reed, Jr. for Certificate of Appealability. Originally filed in District Court on 4/29/2025. (JK) [Entered: 05/13/2025 10:59 AM] |
| Filing 4 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: 05/05/2025 12:31 PM] |
| 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 (JK) [Entered: 05/02/2025 01:50 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (JK) [Entered: 05/02/2025 01:46 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Erik Lamont Reed, Jr. in District Court No. 2:23-cv-01900. (JK) [Entered: 05/02/2025 01:40 PM] |
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