BAILEY v. OBERLANDER et al
Petitioner: NATHANIEL BAILEY
Respondent: OBERLANDER, THE ATTORNEY GENERAL OF THE STATE OF and THE DISTRICT ATTORNEY OF THE COUNTY OF LAWRENCE KRASNER
Case Number: 2:2020cv04081
Filed: August 17, 2020
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: RICHARD A LLORET
Referring Judge: EDUARDO C ROBRENO
Nature of Suit: Habeas Corpus: (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Filing 10 Memorandum Addressing Statute of Limitations by OBERLANDER, THE ATTORNEY GENERAL OF THE STATE OF, THE DISTRICT ATTORNEY OF THE COUNTY OF LAWRENCE KRASNER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O) (GOLDWERT, JOSHUA)
September 28, 2020 Opinion or Order Filing 9 PAPERLESS ORDER #8 GRANTING MOTION TO EXTEND TIME TO FILE MEMORANDUM ADDRESSING STATUE OF LIMITATIONS UNTIL OCTOBER 15, 2020 AND IT IS FURTHERED ORDERED THAT IN THE EVENT THE RESPONDENTS CONCEDE THAT THE PETITION IS TIMELY, THE RESPONDENTS SHALL FILE THEIR RESPONSE ADDRESING THE PETITIONER'S CLAIMS IN ACCORDANCE WITH 28 U.S.C. foll. 2254, R. 5, ON OR BEFORE NOVEMBER 9, 2020. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 09/28/2020. 09/28/2020 ENTERED AND COPIES EMAILED. (smcc)
September 24, 2020 Filing 8 MOTION for Extension of Time to File Memorandum Addressing Statute of Limitations filed by OBERLANDER, THE ATTORNEY GENERAL OF THE STATE OF, THE DISTRICT ATTORNEY OF THE COUNTY OF LAWRENCE KRASNER.Certificate of Service.Motions referred to RICHARD A. LLORET.(GOLDWERT, JOSHUA)
September 14, 2020 Filing 7 Letter, Exhibits by NATHANIEL BAILEY *ENVELOPE ATTACHED* (rf, )
September 8, 2020 Document #6 mailed to pro se petitioner. (kw, )
September 8, 2020 MAILED OUT ORDER ENTRY #6 TO PETITIONER ON 9/8/20. (jaa, )
September 3, 2020 COPIES OF PETITION #2, ORDERS #5,6, AND DOCKET E-MAILED TO DA PHILA. COUNTY AND COPY OF ORDER #6 EMAILED/FAXED TO CLERK OF C.C.P. PHILA. COUNTY(jpd, )
September 3, 2020 Opinion or Order Filing 6 ORDERED THAT THE PHILADELPHIA DISTRICT ATTORNEYS OFFICE SHALL ENTER THEIR APPEARANCE ON BEHALF OF THE RESPONDENTS UPON RECEIPT OF THIS ORDER. THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE A MEMORANDUM BY SEPTEMBER 24, 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 MEMORANDUM, INCLUDING ALL OPINIONS FROM THE TRIAL COURT, DIRECT APPELLATE COURTS, PCRA COURT, AND PCRA APPELLATE COURTS. IN ADDITION, THE DISTRICT ATTORNEY SHALL ATTACH A CERTIFIED TRUE AND CORRECT COPY OF ALL STATE COURT DOCKET SHEETS RELATED TO COMMONWEALTH V. BAILEY, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CP-51-CR0312881-2004, INCLUDING THOSE RELATED TO ANY APPELLATE AND/OR POSTCONVICTION PROCEEDINGS. MR. BAILEY MAY REPLY NO LATER THAN OCTOBER 15, 2020, OR TWENTY-ONE (21) DAYS AFTER BEING SERVED WITH THE COMMONWEALTHS MEMORANDUM, WHICHEVER IS LATER. IN THE EVENT THE DISTRICT ATTORNEY CONCEDES THAT THE PETITION IS TIMELY, THE DISTRICT ATTORNEY SHALL FILE A SPECIFIC AND DETAILED ANSWER TO THE CLAIMS IN MR. BAILEYS 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. 4. 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 MATTER OF COMMONWEALTH V. BAILEY, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CP-51-CR-0312881-2004, WITHIN FORTY-FIVE (45) DAYS OF THE DATE OF THIS ORDER PRISONER STATE RECORD DUE BY 10/20/2020.. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 9/3/20. 9/4/20 ENTERED AND COPIES NOT MAILED TO PRO SE AND COPIES OF PETITION #2, ORDERS #5,6, AND DOCKET E-MAILED TO DA PHILA. COUNTY AND COPY OF ORDER #6 EMAILED/FAXED TO CLERK OF C.C.P. PHILA. COUNTY(jpd, )
September 3, 2020 COPY OF PETITION (DOC. 2); ORDER (DOC.5) AND DOCKET SHEET EMAILED TO PENNSYLVANIA OFFICE OF ATTORNEY GENERAL - CRIMINAL LAW DIVISION. (jaa, )
September 3, 2020 Opinion or Order Filing 5 ORDERED THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE RICHARD A. LLORET, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; PURSUANT TO LOCAL CIVIL RULE 72.1.IV(C), ALL ISSUES AND EVIDENCE SHALL BE PRESENTED TO THE UNITED STATES MAGISTRATE JUDGE, AND THAT NEW ISSUES AND EVIDENCE SHALL NOT BE RAISED AFTER THE FILING OF THE REPORT AND RECOMMENDATION IF THEY COULD HAVE BEEN PRESENTED TO THE UNITED STATES MAGISTRATE JUDGE; AND 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 EDUARDO C. ROBRENO ON 9/3/20. 9/3/20 ENTERED AND COPIES NOT MAILED TO PETITIONER.(jaa, )
September 1, 2020 Filing 4 PRO SE NOTICE RE:GUIDELINES (bw, ) (Main Document 4 replaced on 9/1/2020) (bw, ).
August 27, 2020 COPY OF ORDER #3 AND IFP FORM MAILED TO BAILEY. (fdc)
August 27, 2020 Opinion or Order Filing 3 ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE. THE CLERK OF COURT SHALL FURNISH BAILEY WITH A BLANK COPY OF THIS COURT'S CURRENT APPLICATION TO PROCEED IN FORMA PAUPEIRS. IF BAILEY SEEKS TO PROCEED WITH THIS CASE HE MUST, WITHIN 30 DAYS, EITHER PAY THE REQUIRED $5 FEE TO THE CLERK OF COURT, OR COMPLETE THE THE APPLICATION TO PROCEED IN FORMA PAUPERIS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/27/20.8/27/20 ENTERED AND COPIES NOT MAILED TO PRO SE WITH IFP FORMS. (amas, )
August 26, 2020 Filing fee: $ 5.00, receipt number PPE218217 (dmc, )
August 17, 2020 Filing 2 PETITION for Writ of Habeas Corpus (IFP PENDING), filed by PRO SE PETITIONER NATHANIEL BAILEY. (Attachments: #1 Designation Form, #2 Case Management Track) "ENVELOPE ATTACHED"(kw, )
August 17, 2020 Filing 1 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, FILED BY PRO SE PETITIONER NATHANIEL BAILEY. "NO ENVELOPE ATTACHED"(kw, )

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Respondent: OBERLANDER
Represented By: JOSHUA SCOTT GOLDWERT
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Respondent: THE ATTORNEY GENERAL OF THE STATE OF
Represented By: JOSHUA SCOTT GOLDWERT
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Respondent: THE DISTRICT ATTORNEY OF THE COUNTY OF LAWRENCE KRASNER
Represented By: JOSHUA SCOTT GOLDWERT
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Petitioner: NATHANIEL BAILEY
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