STOKES v. CITY OF PHILADELPHIA et al
| JACQUAR STOKES |
| CITY OF PHILADELPHIA, BLANCHE CARNEY, COMMISSIONER OF PHILADELPHIA OF PRISON DEPARTMENT and THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY |
| 1:2022cv02976 |
| May 23, 2022 |
| US District Court for the District of New Jersey |
| Christine P O'Hearn |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on July 26, 2022. A more recent docket listing may be available from PACER.
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Filing 40
Notarized Affidavit and supporting documents re #38 Proposed Order to Show Cause by JACQUAR STOKES. (dmr)
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Filing 39
Documenting Evidence in Support of #38 Proposed Order to Show Cause by JACQUAR STOKES. (amv)
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Filing 38
Proposed Order to Show Cause by JACQUAR STOKES. (dmr)
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Judge Christine P. O'Hearn added. (mmb, )
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Filing 37
Certified Copy of Transfer Order and docket received, Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-04703. Original file certified copy of transfer order and docket sheet received.
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Filing 36
ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. 2. THE PETITION FOR WRIT OF HABEAS CORPUS IS TRANSFERRED TO THE DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. 3. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE GERALD A. MCHUGH ON 5/19/22. 5/19/22 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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Filing 35
Letter dated 5/8/22 by JACQUAR STOKES (jaa, )
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Filing 34
Letter dated 4/27/22 by JACQUAR STOKES (jaa, )
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MAILED OUT ENTRY #33 TO PETITIONER ON 4/8/22. (jaa, )
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Filing 33
RETENT LETTER: PETITIONER'S REQUEST FOR PRODUCTION OF DOCUMENTS RETURNED PER DISCOVERY. (Attachments: #1 REQUESTS FOR PRODUCTION OF DOCUMENTS)(jaa, ) Modified on 4/7/2022 (jaa, ).
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Filing 32
Receipt of State Court Record on 4/6/22, sent from DEPUTY CLERK TO MAGISTRATE JUDGE SITARSKI to DEPUTY CLERK TO DISTRICT COURT JUDGE GERALD A. MCHUGH. (jaa, )
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Filing 31
PETITIONER'S LEGAL ARGUMENT OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATION by JACQUAR STOKES. (jaa, )
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Filing 30
OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATION by JACQUAR STOKES. (jaa, )
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Filing 29
Letter dated 3/25/22 by JACQUAR STOKES (jaa, )
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Report and Recommendation (#28) mailed to Stokes. (fdc)
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Filing 28
REPORT AND RECOMMENDATIONS THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE TRANSFERRED TO THE UNITED STATES DISTRICT COURT OF THE DISTRICT OF NEW JERSEY. THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. PETITIONER MAY FILE OBJECTIONS TO THIS REPORT AND RECOMMENDATION. SEE LOCAL CIV. RULE 72.1. FAILURE TO FILE TIMELY OBJECTIONS MAY CONSTITUTE A WAIVER OF ANY APPELLATE RIGHTS. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 3/23/22. (Attachments: #1 Text of Proposed Order, #2 NOTICE) 3/24/22 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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Filing 27
Copy of Order/Notice dated 3/2/22 (Document # DOCKET SHEET) and envelope returned from the U.S. Postal Service addressed to JACQUAR STOKES for the following reason: RETURN TO SENDER/NO INMATE NUMBER. RESENT DOCKET SHEET TO PLAINTIFF WITH INMATE NUMBER. (jaa, ) Modified on 3/22/2022 (jaa, ).
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Filing 26
Letter dated 3/2/22 (sbt)
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Filing 25
Copy of Order/Notice dated 12/23/21 (Document # STATUS) and envelope returned from the U.S. Postal Service addressed to JACQUAR STOKES for the following reason: RETURN TO SENDER. (jaa, )
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Filing 24
Letter dated 12/23/21 Re: Status Update (Attachments: #1 Docket Entries)(sbt, )
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Filing 23
Letter dated 12/10/21 by JACQUAR STOKES (sbt, )
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Filing 22
Copy of Order/Notice dated 3/26/21 (Document # 15) and envelope returned from the U.S. Postal Service addressed to JACQUAR STOKES for the following reason: UNABLE TO FORWARD. (Attachments: #1 ENVELOPE)(JL)
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Filing 21
Letter dated 5/18/21 Re: Status Update (Attachments: #1 Docket Entries)(sbt, )
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Filing 20
Letter dated 5/14/21 by JACQUAR STOKES (sbt, )
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Filing 19
Amended CERTIFICATE OF SERVICE by BLANCHE CARNEY, CITY OF PHILADELPHIA, COMMISSIONER OF PHILADELPHIA OF PRISON DEPARTMENT, THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY re #16 Response, (NAPIORSKI, DAVID) Modified on 4/28/2021 (tjd).
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Filing 18
NOTICE of Change of Address by JACQUAR STOKES(jaa, )
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Filing 17
Copy of Order/Notice dated 3/26/21 (Document # 15) and envelope returned from the U.S. Postal Service addressed to JACQUAR STOKES for the following reason: RESENT ORDER #15 TO INMATE NEW ADDRESS. (jaa, )
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Filing 16
Response in Opposition to Petition for Habeas Corpus by BLANCHE CARNEY, CITY OF PHILADELPHIA, COMMISSIONER OF PHILADELPHIA OF PRISON DEPARTMENT, THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY. (Attachments: #1 Exhibit Exs. A-H) (NAPIORSKI, DAVID)
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Document #15 mailed to pro se petitioner. (kw, )
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Filing 15
ORDERED THAT THE RESPONDENT'S MOTION #14 FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE PETITION FOR WRIT OF HABEAS CORPUS BY 4/5/2021 IS GRANTED. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 3/26/21. 3/26/21 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED. (jpd )
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Filing 14
Second MOTION for Extension of Time to File Response/Reply to Petition for Habeas Corpus filed by BLANCHE CARNEY, CITY OF PHILADELPHIA, COMMISSIONER OF PHILADELPHIA OF PRISON DEPARTMENT, THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY.Certification of Service.Motions referred to LYNNE A. SITARSKI.(NAPIORSKI, DAVID)
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MAILED OUT ORDER ENTRIES #11 AND #13 TO PETITIONER ON 2/16/21. (jaa, )
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Filing 13
ORDERED THAT THE MOTION IS DENIED AS MOOT IN LIGHT OF THE COURTS JANUARY 26, 2021 ORDER GRANTING THE EXTENSION. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 2/11/21.2/11/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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Filing 12
MOTION OPPOSING RESPONDENTS' REQUEST FOR 60 DAY EXTENSION, WITH CERTIFICATE OF SERVICE, FILED BY JACQUAR STOKES.(amas, )
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Filing 11
ORDERED THAT RESPONDENTS MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR A WRIT OF HABEAS CORPUS ECF NO. #9 , IT IS HEREBY ORDERED THAT THE MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE PETITION FOR WRIT OF HABEAS CORPUS BY 3/26/21 #9 IS GRANTED. SHOULD PETITIONER WISH TO FILE A REPLY TO THE RESPONDENTS RESPONSE, HIS REPLY SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER SERVICE OF THE RESPONSE.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 1/26/21. 1/27/21 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED.(jpd, )
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Filing 10
Receipt of State Court Record on 1/27/21, sent from CLERKS OFFICE to CHAMBERS OF MAGISTRATE JUDGE LYNNE A. SITARSKI. (jpd, )
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Filing 9
MOTION for Extension of Time to File Response/Reply to Petition for Habeas Corpus filed by BLANCHE CARNEY, CITY OF PHILADELPHIA, COMMISSIONER OF PHILADELPHIA OF PRISON DEPARTMENT, THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY.Certification of Service.Motions referred to LYNNE A. SITARSKI.(NAPIORSKI, DAVID) Modified on 1/29/2021 (tjd, ).
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STATE COURT RECORD PLACED IN THE BIN OF MAGISTRATE SITRASKI ON 1/21/21 BY THE CLERKS OFFICE. (jpd, )
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STATE COURT RECEORD RECEIVED ON 1/15/21 FROM THE C.C.P. PHILADELPHIA COUNTY AND FORWARDED TO THE CHAMBERS OF MAGISTRATE JUDGE LYNNE A. SITARSKI. (jpd, )
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Filing 8
REQUEST FOR PRELIMINARY INJUNCTION WITH CERTIFICATE OF SERVICE by JACQUAR STOKES. (jaa, )
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copy of order #6 mailed to pro se (jpd, )
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MAILED OUT ORDER ENTRY #7 TO PETITIONER ON 12/15/20. (jaa, )
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Filing 7
ORDERED THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS BY JANUARY 25, 2021 PURSUANT TO RULE 5, 28 U.S.C. 2254. AS REQUIRED BY 18 U.S.C. 3771(B)(2), THE COMMONWEALTH IS FURTHER ORDERED TO ENSURE THAT IN A FEDERAL HABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDED THEIR RIGHTS UNDER THE CRIMES VICTIMS ACT, AS AMENDED DECEMBER 1, 2009. SHOULD PETITIONER WISH TO FILE A REPLY TO THE RESPONDENT'S ANSWER, HIS REPLY SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER SERVICE OF THE ANSWER AND THE PROTHONOTARY OF PHILADELPHIA/CLERK OF COURTS OR OFFICE OF JUDICIAL SUPPORT OF PHILADELPHIA COUNTY SHALL FILE WITH THE CLERK OF THIS COURT COPIES OF ALL RECORDS, INCLUDING TRANSCRIPTS OF NOTES OF TESTIMONY AT ARRAIGNMENT, TRIAL, SENTENCING, SUPPRESSION HEARINGS, POST CONVICTION HEARINGS, PETITIONS, PLEADINGS, OPINIONS AND BRIEFS OF STATE COURT PROCEEDINGS IN THE MATTERS OF COMMONWEALTH V. JACQUAR J. STOKES, DOCKET NUMBERS MC-51-CR-0010615-2020 AND MC-51-CR-0010616-2020, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA BY JANUARY 25, 2021. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 12/11/20. 12/11/20 ENTERED AND COPIES EMAILED/FAXED COURT OF COMMON PLEAS OF PHILADELPHIA AND NOT MAILED TO PETITIONER.(jaa, )
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COPY OF PETITION #1; ORDER #7 AND DOCKET SHEET E-MAILED TO DA PHILADELPHIA COUNTY. (jaa, )
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Filing 6
ORDERED THAT MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE BECAUSE THE FORM SUBMITTED DID NOT INCLUDE THE REQUIRED CERTIFICATION OF PRISONERS INSTITUTIONAL ACCOUNT BALANCE. BECAUSE THE FILING FEE HAS BEEN PAID, THIS MATTER MAY PROCEED AS FILED. THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE LYNNE A. SITARSKI, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL PROVIDE THE PHILADELPHIA COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL - CRIMINAL LAW DIVISION WITH A COPY OF THE PETITION.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 12/7/20. 12/8/20 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED TO PA ATTY. GEN CRIM. LAW DIV.(jpd, )
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PETITION #1 REFERRAL ORDER #6 AND DOCKET E-MAILED TO PA. ATTY. GEN CRIM. LAW DIV. (jpd, )
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Filing fee: $ 5.00, receipt number PPE221440 (dmc, )
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Filing 5
APPLICATION FOR PRISONERS TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by JACQUAR STOKES.(jaa, )
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Filing 4
MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT filed by JACQUAR STOKES.CERTIFICATE OF SERVICE.(jaa, ) (Main Document 4 replaced on 11/17/2020) (jaa, ).
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COPY OF ORDER #3 AND IFP APPLICATION MAILED TO PRO SE (jpd, )
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Filing 3
ORDERED THAT THE CLERK OF COURT SHALL FURNISH STOKES WITH A BLANK COPY OF THIS COURTS CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THE ABOVE CIVIL ACTION NUMBER. IF STOKES SEEKS TO PROCEED WITH THIS CASE HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY THE REQUIRED $5 FILING FEE TO THE CLERK OF COURT, OR (2) COMPLETE AND RETURN THE APPLICATION TO PROCEED IN FORMA PAUPERIS, INCLUDING THE REQUIRED CERTIFICATION OF PRISON ASSETS SIGNED BY A PRISON OFFICIAL, TO THE CLERK OF COURT. IF STOKES FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/27/20. 10/27/20 ENTERED AND COPIES OF OPRDER AND FORMS NOT MAILED TO PRO SE.(jpd, )
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Copy of Notice of Pro Se Guidelines #2 mailed to Stokes. (fdc)
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Filing 2
PRO SE NOTICE RE:GUIDELINES (bw, )
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Filing 1
PETITION for Writ of Habeas Corpus, filed by JACQUAR STOKES. (NO FEE PAID; NO IFP FILED) (Attachments: #1 Case Management Track Form, #2 Designation Form)(bw, ) (Attachment 2 replaced on 9/30/2020) (nd, ).
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