MARRERO v. COMMONWEALTH OF PENNSYLVANIA
| LUIS E. MARRERO |
| COMMONWEALTH OF PENNSYLVANIA |
| 2:2020cv03989 |
| August 13, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| EDUARDO C ROBRENO |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing fee: $ 5.00, receipt number PPE219728 (dmc, ) |
| MAILED OUT ORDER ENTRY #3 WITH 2254 PETITION AND IFP FORMS TO PETITIONER ON 10/5/20. (jaa, ) |
Filing 3
ORDERED THAT MARRERO FILED A MOTION FOR POST CONVICTION COLLATERAL RELIEF WITH THIS COURT IN WHICH HE CHALLENGES HIS JUDGMENT OF SENTENCE IN COMMONWEALTH V. MARRERO, CP-23-CR-0005376-2017 (DELAWARE C.P.). IT IS NOT CLEAR WHETHER HE INTENDED TO FILE A MOTION FOR POST CONVICTION RELIEF IN HIS CRIMINAL CASE BUT SUBMITTED IT TO THE INCORRECT COURT OR, RATHER, WHETHER HE INTENDED TO FILE A HABEAS PETITION WITH THIS COURT BUT USED THE INCORRECT FORM. THE CLERK OF COURT SHALL SEND MARRERO A COPY OF THE MOTION FOR POST CONVICTION COLLATERAL RELIEF THAT HE FILED WITH THIS COURT ECF NO. #1 . IF MARRERO INTENDED TO FILE FOR POST-CONVICTION RELIEF IN STATE COURT, HE SHOULD FILE HIS MOTION WITH THE COURT OF COMMON PLEAS FOR DELAWARE COUNTY. IF, HOWEVER, MARRERO INTENDED TO FILE A FEDERAL HABEAS PETITION CHALLENGING HIS STATE CRIMINAL JUDGMENT PURSUANT TO 28 U.S.C. 2254, LOCAL CIVIL RULE 9.3 OBLIGATES HABEAS PETITIONERS TO USE THIS COURTS STANDARD FORM, AND MARRERO ALSO MUST EITHER PAY THE $5 FEE FOR PROCEEDING OR FILE A MOTION TO PROCEED IN FORMA PAUPERIS IF HE CANNOT AFFORD TO PAY THE FEE. THE CLERK OF COURT SHALL FURNISH MARRERO WITH: (A) A BLANK COPY OF THIS COURTS CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THE ABOVE CIVIL ACTION NUMBER; AND (B) A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM FOR FILING A PETITION PURSUANT TO 28 U.S.C. 2254, BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. IF MARRERO SEEKS TO PROCEED WITH THIS CASE AS A PETITION FOR HABEAS CORPUS RELIEF PURSUANT TO 28 U.S.C. 2254 HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (A) PAY THE REQUIRED $5 FILING FEE TO THE CLERK OF COURT, OR (B) 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 MARRERO INTENDS TO PURSUE THIS MATTER PURSUANT TO 28 U.S.C. 2254, HE SHALL ALSO COMPLETE THIS COURTS CURRENT STANDARD FORM, SIGN THE COMPLETED PETITION, AND RETURN IT TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF MARRERO FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/2/20. 10/2/20 ENTERED AND COPIES OF ORDER AND FORMS NOT MAILED.(jpd, )
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| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by LUIS E. MARRERO. (NO FEE PAID; NO IFP FILED) (Attachments: #1 Case Management Track Form, #2 Designation Form)(bw, ) |
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| Respondent: COMMONWEALTH OF PENNSYLVANIA | |
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| Petitioner: LUIS E. MARRERO | |
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