In re: Kelly Donahue
| In re: KELLY BRYAN DONAHUE |
| DISTRICT ATTORNEY CLEARFIELD COUNTY |
| 25-2178 |
| June 25, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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Filing 5
ORDER (BIBAS, PORTER and MONTGOMERY-REEVES, Circuit Judges) Petitioner's application under 28 U.S.C. Section 2244 to file a second or successive 28 U.S.C. Section 2254 petition is denied as unnecessary. Because petitioner has not has a Section 2254 petition addressed on the merits, and because his Section 2254 petition remains pending in the United States District Court for the Western District of Pennsylvania, he does not need our authorization to file the proposed Section 2254 petition. The Clerk is directed to transfer the application to the United States District Court for the Western District of Pennsylvania to be treated as a motion to amend the pending Section 2254 petition. See 28 U.S.C. Section 1631; United States v. Santarelli, 929 F.3d 95, 105-07 (3d Cir. 2019), overruled on other grounds by Rivers, 145 S. Ct. at 1640-46. We express no opinion regarding the timeliness or the merits of the motion to amend and the pending Section 2254 motion. Panel No.: ALD-193. Montgomery-Reeves, Authoring Judge. (TMM) [Entered: 08/06/2025 12:12 PM]
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| Filing 4 COMPLIANCE for 2244 application. Application is deemed filed with the Court. (TMM) [Entered: 07/23/2025 02:59 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 (TMM) [Entered: 06/25/2025 03:27 PM] |
| Filing 2 NONCOMPLIANCE Order sent to Petitioner Mr. Kelly Bryan Donahue requesting compliance for 2244[b] Motion Received. Compliance due within 21 days. (TMM) [Entered: 06/25/2025 03:27 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. Kelly Bryan Donahue. Placed in Prison Mail on 06/17/2025. (TMM) [Entered: 06/25/2025 03:18 PM] |
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| Petitioner: In re: KELLY BRYAN DONAHUE | |
| Represented By: | Kelly Bryan Donahue |
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| Respondent: DISTRICT ATTORNEY CLEARFIELD COUNTY | |
| Represented By: | District Attorney Clearfield County |
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