McNalt v. Commonwealth Of Pennsylvania et al
| Thomas McNalt |
| COMMONWEALTH OF PENNSYLVANIA and PA ATTORNEY GENERAL |
| 2:2020cv05692 |
| November 10, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| WENDY BEETLESTONE |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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| Document #9 mailed to pro se petitioner. (kw, ) |
Filing 9
ORDERED AS FOLLOWS: CONTRARY TO LOCAL RULE OF CIVIL PROCEDURE 9.3(B) AND RULE 2 OF THE RULES GOVERNING 2254 CASES IN THE UNITED STATES DISTRICT COURTS, MCNALT 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 MCNALT HAS BEEN PROVIDED THE INSTRUCTIONS 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). THESE INSTRUCTIONS ARE OUTLINED HEREIN MCNALT SHOULD REVIEW THESE INSTRUCTIONS. HE MUST INCLUDE IN THIS PETITION ALL THE GROUNDS FOR RELIEF FROM THE CONVICTION OR SENTENCE THAT HE WISHES TO CHALLENGE AND HE MUST STATE THE FACTS THAT SUPPORT EACH GROUND. IF HE FAILS TO SET FORTH ALL THE GROUNDS IN THIS PETITION, HE MAY BE BARRED FROM PRESENTING ADDITIONAL GROUNDS AT A LATER DATE. IF MCNALT INTENDS TO PURSUE THIS MATTER PURSUANT TO 28 U.S.C. 2254, HE SHALL SUBMIT A NOTICE TO THIS COURT STATING THAT HE WISHES TO PROCEED WITH THE CURRENT LITIGATION WITHIN SIXTY (60) DAYS OF THE DATE OF THIS ORDER. IF AFTER REVIEWING THESE WARNINGS MCNALT DETERMINES THAT HE WISHES TO WITHDRAW HIS HABEAS PETITION, HE SHALL SUBMIT A MOTION TO WITHDRAW THE PETITION WITHIN SIXTY (60) DAYS OF THE DATE OF THIS ORDER AND THE MATTER WILL BE DISMISSED WITHOUT PREJUDICE. IF MCNALT FAILS TO ADVISE THE COURT OF HOW HE WISHES TO PROCEED WITHIN SIXTY (60) DAYS OF THE DATE OF THIS ORDER, THE COURT WILL RULE ON THE CURRENT 2254 PETITION AS FILED.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 12/22/20. 12/22/20 ENTERED AND COPIES NOT MAILED TO PRO SE.(jpd, )
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| Filing 8 PRO SE NOTICE RE:GUIDELINES. MAILED TO PRO SE PETITIONER ON 11/16/20.(md, ) |
| Filing 7 Case transferred in from District of Pennsylvania Middle; Case Number 4:20-cv-01707. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
ORDER (memorandum filed previously as separate docket entry), ORDER TRANSFERRING CASE - IT IS HEREBY ORDERED that the Clerk is directed to TRANSFER this case to Eastern District of Pennsylvania; Clerk directed to mark this matter closed. Signed by Honorable Matthew W. Brann on 11/10/2020. (case closed) (lg) [Transferred from Pennsylvania Middle on 11/16/2020.]
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| Filing 5 MEMORANDUM OPINION (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 11/10/2020. (lg) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Remark: 11/10/2020 Memorandum Opinion and Order mailed to McNalt at SCI Chester. (lg) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Receipt of payment from THOMAS MCNALT 20CV1707 in the amount of $5.00 for WRIT OF HABEAS CORPUS. Transaction posted on 10/29/2020. Receipt number 333073557 processed by smurphy. (jjs) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Filing 4 Filing fee received: $ 5.00, receipt number 333073557. (dw) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Filing 3 PRO SE LETTER ISSUED w/ Notice & Consent Form. (lg) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Filing 2 (THIRTY (30) DAY ADMINISTRATIVE ORDER) directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. (Attachments: #1 IFP Form)(lg) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Thomas McNalt, pro se.(lg) [Transferred from Pennsylvania Middle on 11/16/2020.] |
| Case assigned to Honorable Matthew W. Brann. (lg) [Transferred from Pennsylvania Middle on 11/16/2020.] |
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