In re: James Anderson
| In re: JAMES R. ANDERSON |
| DISTRICT ATTORNEY PHILADELPHIA |
| 25-3209 |
| November 17, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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Filing 6
ORDER (BIBAS, PHIPPS and NYGAARD, Circuit Judges) Petitioner filed a federal habeas corpus petition under 28 U.S.C. Section: 2254 in the United States District Court for the Eastern District of Pennsylvania, which transferred it as a second or successive petition to this Court for possible authorization under 28 U.S.C. Section: 2244. However, the basis for Petitioner's claim did not exist when he filed his first habeas corpus petition, so his new petition does not qualify as second or successive under Benchoff v. Colleran, 404 F.3d 812, 817 (3d Cir. 2005). Therefore, Petitioner does not need this Court's authorization to proceed. Accordingly, the Clerk is directed to transfer this matter back to the United States District Court for the Eastern District of Pennsylvania. The motion to stay these proceedings is denied without prejudice to Petitioner's refiling it in the District Court. See Heleva v. Brooks, 581 F.3d 187, 190 (3d Cir. 2009). Panel No.: CLD-055. Bibas, Authoring Judge. (GCH) [Entered: 01/15/2026 04:23 PM]
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| Filing 5 ECF FILER: Motion filed by Petitioner James R. Anderson to stay Stay of proceedings to allow petitioner to exhaust state-court remedies. Certificate of Service dated 12/10/2025. Service made by ECF. [25-3209] (RHF) [Entered: 12/10/2025 06:04 PM] |
| Filing 4 ECF FILER: MEMORANDUM on behalf of Petitioner James R. Anderson Specifying How 28 USC Section 2244(b) Standards Are Met.. Certificate of Service dated 12/08/2025 by ECF. [25-3209]--[Edited 12/08/2025 by TMM] (RHF) [Entered: 12/08/2025 02:57 PM] |
| Filing 3 ECF FILER: ENTRY OF APPEARANCE from Richard H. Frankel on behalf of Petitioner(s) Petitioner James Anderson. [25-3209] (RHF) [Entered: 12/08/2025 02:35 PM] |
| Filing 2 NONCOMPLIANCE Order sent to Petitioner James R. Anderson requesting compliance for 2244[b] Motion Received. An additional document, is required for the Court to consider the motion. Accordingly, it is hereby ORDERED that Petitioner submit the following document within 21 days of the date of this order: (1) a memorandum, not exceeding 20 pages, which clearly states how the standards of Section: 2244(b) or Section: 2255 are satisfied. See 3rd Cir. LAR 22.5(i). Because the proper document was not included with the Section: 2244 application, the application is deemed lodged with the Court. No action will be taken regarding Petitioner's application until the above-listed document is received by the Clerk. Failure to file this document may result in the dismissal of the case. (GCH) [Entered: 11/17/2025 03:42 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 James Anderson. Transferred from the United States District Court for the Eastern District of Pennsylvania by order dated November 12, 2025, in Case No. 2:25-cv-06026. (GCH) [Entered: 11/17/2025 03:35 PM] |
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| Petitioner: In re: JAMES R. ANDERSON | |
| Represented By: | Rachel E. Lopez Esq. |
| Represented By: | Richard H. Frankel Esq. |
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| Respondent: DISTRICT ATTORNEY PHILADELPHIA | |
| Represented By: | District Attorney Philadelphia |
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