PERSON v. FERGUSON et al
| DARIAN PERSON |
| THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and TAMMY FERGUSON |
| 2:2020cv00206 |
| January 10, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| LINDA K CARACAPPA |
| GERALD A MCHUGH |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
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Filing 6
ORDERED THAT THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA SHALL FILE SPECIFIC AND DETAILED ANSWERS, PURSUANT TO RULE 5, 28 U.S.C. 2254, WITHIN FORTY-FIVE (45) DAYS OF THE FILING OF PETITIONERS MEMORANDUM OF LAW IN SUPPORT OF HIS PETITION FOR A WRIT OF HABEAS CORPUS. 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 MATTER OF COMMONWEALTH V. DARIAN PERSON, CP-51-CR-0013496-2014, COURT OF COMMON PLEAS OF PHILADELPHIA, PENNSYLVANIA WITHIN FORTY-FIVE (45) DAYS OF THE DATE OF THIS ORDER. SIGNED BY MAGISTRATE JUDGE LINDA K. CARACAPPA ON 2/28/20. 2/28/20 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND CERTIFIED MAIL WITH COPY OF PETITION, ORDER AND DOCKET TO THE DISTRICT ATTORNEY OF PHILA., ATTY GENS OF PHILA., AND HARRISBURG, E-MAILED TO THE DISTRICT ATTY. OF PHILA., AND FAXED TO THE CLERK OF COURT C.C.P. PHILA. (jpd )
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| COPIES MAILED TO PRO SE PETITIONER AND CERTIFIED MAIL WITH COPY OF PETITION, ORDER AND DOCKET TO THE DISTRICT ATTORNEY OF PHILA., ATTY GENS OF PHILA., AND HARRISBURG, E-MAILED TO THE DISTRICT ATTY. OF PHILA., AND FAXED TO THE CLERK OF COURT C.C.P. PHILA. (jpd ) |
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Filing 5
ORDERED THAT THE ABOVE CAPTIONED MATTER IS REFERRED TO THE HONORABLE LINDA K. CARACAPPA, CHIEF UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; THE CLERK OF COURT SHALL PROVIDE THE DISTRICT ATTORNEY'S OFFICE OF PHILADELPHIA COUNTY WITH A COPY OF THE PETITION. SIGNED BY HONORABLE GERALD A. MCHUGH ON 2/27/20. 2/27/20 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED WITH COPY OF PETITION, ORDER AND DOCKET TO THE DISTRICT ATTORNEY OF PHILADELPHIA. (jpd )
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| COPIES MAILED TO PRO SE PETITIONER AND E-MAILED WITH COPY OF PETITION, ORDER AND DOCKET TO THE DISTRICT ATTORNEY OF PHILADELPHIA. (jpd ) |
| Filing 4 Letter dated 2/14/20 by DARIAN PERSON (jpd, ) |
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Filing 3
ORDERED THAT THE CLERK OF COURT SHALL FURNISH PERSON WITH A BLANK COPY OF THIS COURTS CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS BEARING THE ABOVE CIVIL ACTION NUMBER. IF PERSON SEEKS TO PROCEED WITH THIS CASE HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER PAY THE REQUIRED $5.00 FILING FEE TO THE CLERK OF COURT, OR 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. CONTRARY TO LOCAL CIVIL RULE 9.3(B) AND RULE 2 OF THE RULES GOVERNING 2254 CASES IN THE UNITED STATES DISTRICT COURTS, PERSON DID NOT USE THE CURRENT STANDARD 28 U.S.C. 2254 FORM REQUIRED BY THIS COURT. THE FORM SUBMITTED, HOWEVER, CONTAINS SUBSTANTIALLY SIMILAR LANGUAGE TO THE STANDARD FORM CURRENTLY USED IN THIS DISTRICT, AND, THEREFORE, THE COURT WILL ACCEPT FILING ON THE NON-STANDARD FORM. HOWEVER, IT IS NOT CLEAR THAT PERSON HAS BEEN PROVIDED THE STANDARD WARNINGS THAT ARE CONTAINED IN OUR STANDARD FORM, PURSUANT TO UNITED STATES V. THOMAS, 221 F.3D 430 (3D CIR. 2000) (RELATING TO THE STATUTE OF LIMITATIONS SET FORTH IN 28 U.S.C. 2244(D)), AND MASON V. MEYERS, 208 F.3D 414 (3D CIR. 2000) (RELATING TO LIMITATIONS ON THE RIGHT OF THE PETITIONER TO FILE A SECOND OR SUCCESSIVE PETITION UNDER 28 U.S.C. 2254). THEREFORE, THE CLERK OF COURT SHALL FURNISH PERSON WITH A BLANK COPY OF THE COURTS CURRENT STANDARD FORM FOR FILING A PETITION PURSUANT TO 28 U.S.C. 2254 AND BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. PERSON DOES NOT NEED TO REFILE THE FORM. INSTEAD, HE SHOULD REVIEW THE WARNINGS INCLUDED IN THE INTRODUCTORY TEXT OF THE FORM. UPON REVIEWING THESE WARNINGS, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, PERSON SHALL SUBMIT A LETTER TO THIS COURT STATING WHETHER HE WISHES TO PROCEED WITH THE CURRENT LITIGATION OR IF HE WISHES TO WITHDRAW HIS HABEAS PETITION WITHOUT PREJUDICE IF PERSON FAILS TO COMPLY WITH PARAGRAPHS TWO (2) AND FIVE (5) OF THIS ORDER, HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE GERALD A. MCHUGH ON 2/5/20. 2/5/20 ENTERED AND COPIES OF ORDER AND FORMS MAILED TO PRO SE PETITIONER. (jpd ) Modified on 2/6/2020 (fb).
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| Filing 2 PRO SE NOTICE RE:GUIDELINES (sg, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by DARIAN PERSON.EXHIBITS.(sg, ) (Main Document 1 replaced on 1/15/2020) NO IFP, NO FEE PAID. (sg, ). |
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