In re: Richard Balter
| In re: RICHARD BALTER |
| UNITED STATES OF AMERICA |
| 26-1516 |
| March 18, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 25, 2026. A more recent docket listing may be available from PACER.
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Filing 12
ORDER (CHAGARES, Chief Judge, HARDIMAN, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG, BOVE and MASCOTT, Circuit Judges) denying Petition for panel and en banc rehearing filed by Petitioner Mr. Richard Balter. Matey, Authoring Judge. (GCH) [Entered: 06/25/2026 03:56 PM]
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| Filing 11 PETITION filed by Petitioner Mr. Richard Balter for Rehearing En Banc and before Original Panel. Certificate of Service dated 06/04/2026. (JK) [Entered: 06/09/2026 05:10 PM] |
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Filing 10
ORDER (KRAUSE, MATEY and BOVE, Circuit Judges) The foregoing application for permission to file a second or successive Section: 2255 motion is denied. Balter has failed to make a prima facie showing that: (1) any proposed claim relies on a retroactively applicable "new rule" of constitutional law; or (2) the factual predicate for his proposed claims could not have been discovered previously through the exercise of due diligence and the facts underlying such claims, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found him guilty of the underlying offense. See 28 U.S.C. Section:Section: 2244(b) and 2255(h). Balter's motions to be relieved from the filing requirements of 3d Cir. L.A.R. 22.5 and to file a reply out of time are granted. Panel No.: BLD-113. Matey, Authoring Judge. (GCH) [Entered: 06/01/2026 10:01 AM]
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| Filing 9 ECF FILER: SUPPLEMENTAL Response filed by Respondent USA to 2244[b] Motion Received. Certificate of Service dated 05/28/2026. [26-1516] (SGS) [Entered: 05/28/2026 09:11 AM] |
| Filing 8 MOTION by Petitioner Mr. Richard Balter for leave to File Reply to Response Out of Time and Response to Respondent's opposition. Response due on 05/07/2026. Certificate of Service dated 04/23/2026. Service made by US mail. (GCH) [Entered: 05/21/2026 11:25 AM] |
| Filing 7 ECF FILER: Response filed by Respondent USA to motion. Certificate of Service dated 04/08/2026. [26-1516] (SGS) [Entered: 04/08/2026 09:24 AM] |
| Filing 6 Certificate of Service filed by Petitioner indicating that 2244 application was served on Respondent on March 1, 2026. (LMR) [Entered: 04/03/2026 04:56 PM] |
| Filing 5 MOTION filed by Petitioner Mr. Richard Balter to be Relieved from the Filing Requirements of Third Circuit LAR 22.5. Certificate of Service dated 03/23/2026. Service made by US mail. (LMR) [Entered: 04/03/2026 04:55 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Steven G. Sanders on behalf of Respondent(s) United States of America. [26-1516] (SGS) [Entered: 03/19/2026 10:24 AM] |
| Filing 3 ECF FILER: ENTRY OF APPEARANCE from Mark E. Coyne on behalf of Respondent(s) United States of America. [26-1516] (MEC) [Entered: 03/19/2026 10:22 AM] |
| Filing 2 NONCOMPLIANCE Order sent to Petitioner Mr. Richard Balter requesting compliance for 2244[b] Motion Received. Additional documents are required for the Court to consider Petitioner's motion. Accordingly, it is hereby ORDERED that Petitioner submit the following documents within 21 days of the date of this order: (1) the petition filed in prior habeas action D.N.J. No. 1:97-cv-3649; and (2) the district court opinion and/or order regarding the prior habeas action, D.N.J. No. 1:97-cv-3649. See 3d Cir. L.A.R. 22.5(a). Petitioner must also file a certificate of service with the Clerk of the Court of Appeals demonstrating that these documents have been served. Respondent may file a response within seven days of the filing of Petitioner's completed application. No action will be taken regarding Petitioner's application until copies of the above-listed documents are received by the Clerk. Failure to file these documents before the deadline may result in the dismissal of the case. (GCH) [Entered: 03/18/2026 04:30 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. Richard Balter. Placed in Prison Mail on 02/27/2026. (GCH) [Entered: 03/18/2026 04:17 PM] |
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| Petitioner: In re: RICHARD BALTER | |
| Represented By: | Richard Balter |
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| Respondent: UNITED STATES OF AMERICA | |
| Represented By: | Steven G. Sanders Esq. |
| Represented By: | Mark E. Coyne Esq. |
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