Anthony Garvin v. Warden Lewisburg USP
| ANTHONY GARVIN |
| WARDEN LEWISBURG USP |
| 25-2270 |
| July 10, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Anthony Garvin v. Warden Lewisburg USP |
Docket Report
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This docket was last retrieved on October 8, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 ECF FILER: STATUS REPORT received from Appellee Warden Lewisburg USP. Certificate of Service dated 10/08/2025. Service made by US mail, ECF. [25-2270] (PJB) [Entered: 10/08/2025 09:13 AM] |
| Filing 16 COPY OF OPINION/ORDER OF DISTRICT COURT dated 09/29/2025 signed by Robert D. Mariani. (CLW) [Entered: 10/07/2025 02:40 PM] |
Filing 15
ORDER (Clerk) directing status report to be filed on or before 10/27/2025. (CLW) [Entered: 09/25/2025 03:42 PM]
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Filing 14
ORDER (KRAUSE, PHIPPS and SCIRICA, Circuit Judges).In this appeal, Appellant challenges the District Courts April 9, 2025 order dismissing his 28 U.S.C. 2241 petition. Generally, a notice of appeal in a case like this one must be filed within 60 days of the entry of the order being appealed. See Fed. R. App. P. 4(a)(1)(B). This deadline is mandatory and jurisdictional. Bowles v. Russell, 551 U.S. 205, 209 (2007) (citation to quoted case omitted). But a district court may, in certain situations, extend the time to appeal under Federal Rule of Appellate Procedure 4(a)(5) or reopen the time to appeal under Federal Rule of Appellate Procedure 4(a)(6). It appears that Appellants notice of appeal was filed sometime between June 21, 2025, and July 8, 2025 (i.e., more than 60 days after the entry of the District Courts April 9, 2025 order). However, included in Appellants notice of appeal is a cover letter that, liberally construed, requests relief under Rules 4(a)(5) and 4(a)(6). See Dist. Ct. Dkt. No. 18, at 6. We hereby remand this matter to the District Court for the limited purpose of ruling on those requests. We otherwise retain jurisdiction over this appeal, and we will hold this appeal, including Appellants motions for appointment of counsel, in abeyance pending the District Courts resolution of the requests for relief under Rules 4(a)(5) and 4(a)(6). We express no opinion on whether relief under Rule 4(a)(5) or Rule 4(a)(6) is warranted. Either party may timely appeal the District Courts ruling. See Amatangelo v. Borough of Donora, 212 F.3d 776, 780 (3d Cir. 2000). We note, however, that if the District Court grants relief under Rule 4(a)(5) or Rule 4(a)(6), Appellant does not need to file a new notice of appeal; the extension or reopening of time will apply to the notice of appeal that he has already filed. Panel No.: CLD-205. Scirica, Authoring Judge. (CLW) [Entered: 09/25/2025 03:37 PM]
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| Filing 13 Documents filed appellant in support of appeal. Certificate of Service dated 07/22/2025. Service made by US mail. (CLW) [Entered: 07/31/2025 12:07 PM] |
| Filing 12 Legal Division letter advising of possible dismissal [ # 4 ]. Certificate of Service dated 07/22/2025. Service made by US mail. (CLW) [Entered: 07/29/2025 03:09 PM] |
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Filing 11
ORDER (Clerk) The foregoing motions are considered. Appellant's motions to proceed in forma pauperis are granted. Appellant was previously advised that the appeal will be submitted for possible dismissal due to a question regarding jurisdiction. The appeal will also be submitted to a panel of this court for determination under 28 U.S.C. Section 1915(e)(2) as to whether the appeal will be dismissed as legally frivolous or whether summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6 is appropriate. In making this determination, the district court opinion and record will be examined. Appellant may submit argument, which should not exceed 5 pages, in support of the appeal. The document, with certificate of service, must be filed with the clerk within 21 days of the date of this order. Appellee need not file a response unless directed to do so. The Court may reconsider in forma pauperis status or request additional information at any time during the course of this appeal. Appellant's motions for appointment of counsel, emergency hearing, oral argument and summary judgment are referred to the same panel of the Court that will consider whether the appeal should be dismissed pursuant to 28 U.S.C. Section 1915(e) or whether summary action is appropriate. (DW) [Entered: 07/24/2025 03:28 PM]
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| Filing 10 Declaration in Support of Motion to Extend Time to File. Response due on 08/04/2025. Certificate of Service dated 07/23/2025. Service made by ECF, Email.--[Edited 08/25/2025 by CLW] (DW) [Entered: 07/23/2025 09:20 AM] |
| Filing 9 MOTION filed by Appellant Anthony Garvin Request for Emergency Hearing, Appointment of Counsel and Oral Argument, . Response due on 08/04/2025. Certificate of Service dated 07/23/2025. Service made by Email, ECF. (DW) [Entered: 07/23/2025 09:12 AM] |
| Filing 8 MOTION filed by Appellant Anthony Garvin for Appointment of Counsel. Response due on 08/04/2025. Certificate of Service dated 07/23/2025. Service made by ECF, Email. (DW) [Entered: 07/23/2025 09:07 AM] |
| Filing 7 MOTION filed by Appellant Anthony Garvin to Proceed In Forma Pauperis. Certificate of Service dated 07/14/2025. Service made by US mail. (ARR) [Entered: 07/18/2025 04:35 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from AUSA Patrick J. Bannon on behalf of Appellee(s) WARDEN LEWISBURG USP. [25-2270] (PJB) [Entered: 07/17/2025 04:24 PM] |
| Filing 5 MOTION filed by Appellant Anthony Garvin to Proceed In Forma Pauperis. Response due on 07/25/2025. Certificate of Service dated 07/15/2025. Service made by Email. (CLW) [Entered: 07/16/2025 09:46 AM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (MW) [Entered: 07/14/2025 03:04 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 (CLW) [Entered: 07/10/2025 03:43 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (CLW) [Entered: 07/10/2025 03:41 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Anthony Garvin in District Court No. 3:25-cv-00199. (CLW) [Entered: 07/10/2025 03:13 PM] |
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| Plaintiff: ANTHONY GARVIN | |
| Represented By: | Anthony Garvin |
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| Defendant: WARDEN LEWISBURG USP | |
| Represented By: | Ryann D. Loftus Esq. |
| Represented By: | Patrick J. Bannon Esq. |
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