TWIGGS v. COMMONWEALTH OF PENNSYLVANIA et al
| MICHAEL TWIGGS |
| THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, COMMONWEALTH OF PENNSYLVANIA and THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY |
| 2:2020cv03683 |
| July 22, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| HARVEY BARTLE |
| ELIZABETH T HEY |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
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| Mailed Doc. No. 7 to Pro Se Petitioner. (er, ) |
Filing 7
ORDERED THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER PURSUANT TO RULE 5, 28 U.S.C. FOL. 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 JULY 27, 2006. THE PROTHONOTARY, CLERK OF COURT, 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. TWIGGS, CP-51-CR-1017181-1975, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 9/14/20. 9/14/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER AND COPIES OF PETITION #1 ORDER #3 AMENDED PETITION #5 REFERRAL ORDER #6 ORDER #7 AND DOCKET E-MAILED TO DA PHILA. COUNTY AND E-MAILED/FAXED ORDER #7 TO C.C.P. PHILA. COUNTY. (jpd, )
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Filing 6
ORDER THAT THE ABOVE-CAPTIONED CASE IS REFERRED TO THE HON. ELIZABETH T. HEY, U.S. MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/14/20. 9/14/20 ENTERED AND COPY NOT MAILED TO TWIGGS. (fdc)
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| Copies of Order #6 , Petition #1 and Docket E-Mailed to Philadelphia County District Attorney's Office and the Pennsylvania Office of Attorney General- Criminal Law Division. (fdc) |
| COPIES OF PETITION #1 ORDER #3 AMENDED PETITION #5 REFERRAL ORDER #6 ORDER #7 AND DOCKET E-MAILED TO DA PHILA. COUNTY AND E-MAILED/FAXED ORDER #7 TO C.C.P. PHILA. COUNTY. (jpd) |
| DOC. 6 MAILED TO PRO SE. (sg, ) |
| Filing 5 Amended Petition for Writ of Habeas Corpus against COMMONWEALTH OF PENNSYLVANIA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, filed by MICHAEL TWIGGS. (Attachments: #1 ENVELOPE)(sg, ) |
| Filing 4 Letter dated 9/8/2020 by MICHAEL TWIGGS (Attachments: #1 ENVELOPE)(sg, ) FILED IN ERROR, TO BE REFILED AS AMENDED PETITION. Modified on 9/11/2020 (sg, ). |
| Document #3 together with copy of unsigned Petition (Doc. #1) mailed to pro se petitioner. (kw, ) |
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Filing 3
ORDERED THAT CONTRARY TO LOCAL CIVIL RULE 9.3(B) AND RULE 2 OF THE RULES GOVERNING 2254 CASES IN THE UNITED STATES DISTRICT COURTS, TWIGGS DID NOT USE THE CURRENT STANDARD 28 U.S.C. 2254 FORM REQUIRED BY THIS COURT. MOREOVER, IT IS NOT CLEAR THAT TWIGGS 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 TWIGGS 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. TWIGGS SHOULD REVIEW THE WARNINGS INCLUDED IN THE INTRODUCTORY TEXT OF THE FORM.THE CLERK OF COURT SHALL ALSO RETURN TWIGGS UNSIGNED PETITION (ECF NO. 1) TO HIM AND SHALL RETAIN A COPY IN THE CIVIL ACTION FILE. IF TWIGGS SEEKS TO PROCEED WITH THIS CASE, HE SHALL SIGN HIS PETITION AND RETURN ITTO THE COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IN ADDITION, UPON REVIEWING THE WARNINGS AS REFERRED TO IN PARAGRAPH 1, TWIGGS SHALL ALSO SUBMIT A LETTER TO THIS COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, STATING WHETHER HE WISHES TO PROCEED WITH THE CURRENT LITIGATION OR IF HE WISHES TO WITHDRAW HIS HABEAS PETITION WITHOUT PREJUDICE.IF TWIGGS FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUTFURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/20/20. 8/20/20 ENTERED AND COPIES NOT MAILED TO PLAINTIFF.(jaa, )
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| Filing fee: $ 5.00, receipt number PPE217908 (dmc, ) |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by MICHAEL TWIGGS. (NO FEE PAID; NO IFP FILED) (Attachments: #1 Case Management Track Form, #2 Designation Form)(bw, ) |
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