RIVERA v. HARRY et al
| DIEGO RIVERA |
| THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, LAUREL HARRY and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2020cv03990 |
| August 12, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| RICHARD A LLORET |
| KAREN S MARSTON |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
PAPERLESS ORDER GRANTING #7 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR A WRIT OF HABEAS CORPUS UNTIL OCTOBER 16, 2020. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 09/29/2020. 09/29/2020 ENTERED AND COPIES EMAILED.(smcc)
|
|
Filing 7
First MOTION for Extension of Time to File Response/Reply to Petition for Writ of Habeas Corpus filed by LAUREL HARRY, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA..Motions referred to RICHARD A. LLORET.(ANDRESS, JENNIFER)
|
|
Filing 6
PETITIONER DIEGO RIVERA'S MEMORANDUM OF LAW IN SUPPORT OF PETITION, CERTIFICATE OF SERVICE. (jpd, )
|
|
DOCS # 4 & 5 MAILED TO PRO SE ON 8/27/20 (rf, )
|
|
Filing 5
ORDERED THAT THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE SHALL ENTER THEIR APPEARANCE ON BEHALF OF THE RESPONDENTS UPON RECEIPT OF THIS ORDER. THE CLERK OF THIS COURT IS DIRECTED TO SEND THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE A COPY OF THE HABEAS PETITION DOC. NO. #1 AND THIS ORDER. THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE A MEMORANDUM BY SEPTEMBER 16, 2020, EXPLAINING WHETHER THIS PETITION SHOULD BE (OR SHOULD NOT BE) DISMISSED AS UNTIMELY. ALL OPINIONS OF THE COMMONWEALTH COURTS WILL BE ATTACHED AS EXHIBITS TO THE DISTRICT ATTORNEYS MEMORANDUM. MR. RIVERA MAY RESPOND BY OCTOBER 7, 2020. IN THE EVENT THE DISTRICT ATTORNEY CONCEDES THAT THE PETITION IS TIMELY, THE DISTRICT ATTORNEY NEED NOT FILE THE MEMORANDUM CONTEMPLATED IN PARAGRAPH 3, BUT SHALL FILE A SPECIFIC AND DETAILED ANSWER TO THE CLAIMS IN MR. BOYDS HABEAS PETITION AND A SUPPORTING LEGAL MEMORANDUM WITHIN FORTY-FIVE (45) DAYS FROM THE DATE OF THIS ORDER PURSUANT TO RULE 5, 28 U.S.C. 2254. ALL OPINIONS OF THE COMMONWEALTH COURTS WILL BE ATTACHED AS EXHIBITS TO THE MEMORANDUM. THE CLERK FOR THE COURT OF COMMON PLEAS 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. RIVERA, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CP-51-CR-0013542-2012 AND CP-51-CR-0013543-2012, WITHIN FROTY-FIVE (45) DAYS OF THE DATE OF THIS ORDER.. AS REQUIRED BY 18 U.S.C. 3771(B)(2), THE COMMONWEALTH SHALL ENSURE THAT IN A FEDERAL HABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDED THEIR RIGHTS UNDER THE CRIME VICTIMS ACT, AS AMENDED JULY 27, 2006. PRISONER STATE RECORD DUE BY 10/12/2020.. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 8/26/20. 8/26/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER AND E-MAILED WITH COPIES OF PETITION #1 ORDERS #3, 4, 5 AND DOCKET TO THE DISTRICT ATTY OF PHILADELPHIA COUNTY AND COPY OF ORDER #5 E-MAILED/FAXED TO CLERK OF C.C.P. PHILADELPHIA COUNTY.(jpd, )
|
|
Filing 4
AMENDED ORDERED THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE RICHARD A. LLORET, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; AND PARAGRAPH 3 OF THE COURT ORDER FILED ON AUGUST 25, 2020 DOC. NO. #3 IS STRICKEN. INSTEAD, THE CLERK OF COURT SHALL PROVIDE THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL - CRIMINAL LAW DIVISION WITH A COPY OF THE PETITION.. SIGNED BY HONORABLE KAREN S. MARSTON ON 8/26/20. 8/26/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER AND COPIES OF PETITION #1 ORDERS #3,4 AND DOCKET E-MAILED TO PA. ATTY. GEN. CRIMINAL LAW DIVISION. (jpd, )
|
|
COPIES OF PETITION #1 ORDERS #3, 4, 5 AND DOCKET TO THE DISTRICT ATTY OF PHILADELPHIA COUNTY AND COPY OF ORDER #5 E-MAILED/FAXED TO CLERK OF C.C.P. PHILADELPHIA COUNTY. (jpd, )
|
|
COPIES OF PETITION #1 ORDERS# ,3,4 AND DOCKET E-MAILED TO PA. ATTY. GEN. CRIMINAL LAW DIVISION. (jpd, )
|
|
Filing 3
ORDERED THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE RICHARD A. LLORET, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; THE CLERK OF COURT SHALL PROVIDE THE MONTGOMERY COUNTY DISTRICT ATTORNEYS OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL - CRIMINAL LAW DIVISION WITH A COPY OF THE PETITION. SIGNED BY HONORABLE KAREN S. MARSTON ON 8/25/20. 8/25/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER AND E-MAILED WITH COPIES PF PETITION #1, ORDER #3 AND DOCKET TO THE DA MONTGOMERY COUNTY AND THE PA ATTY. GEN. CRIMINAL-LAW DIVISION.(jpd, )
|
|
COPIES PF PETITION #1, ORDER #3 AND DOCKET E-MAILED TO THE DA MONTGOMERY COUNTY AND THE PA ATTY. GEN. CRIMINAL-LAW DIVISION.(jpd, )
|
|
Filing fee: $ 5.00, receipt number PPE218011 (dmc, )
|
|
Filing 2
PRO SE NOTICE RE:GUIDELINES (bw, )
|
|
Filing 1
PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by DIEGO RIVERA. (Attachments: #1 Case Management Track Form, #2 Designation Form)(bw, )
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
