BURK v. LUTHER et al
| ISHMAEL A. BURK |
| JAMEY P LUTHER, THE ATTORNEY GENERAL OF THE STATE OF ERIC SHOENBERG and THE DISTRICT ATTORNEY OF THE COUNTY OF KATE KOHLER |
| 2:2020cv05693 |
| November 12, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| EDUARDO C ROBRENO |
| CAROL SANDRA MOORE WELLS |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on January 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| PAPER #11 MAILED TO PRO SE (JL ) |
Filing 11
ORDERED THAT THE MOTION TO REOPEN IS GRANTED. THE ORDER FILED ON DECEMBER 4, 2020 (ECF NO. #7 GRANTING BURKS REQUEST TO VOLUNTARILY WITHDRAW THIS CASE IS VACATED. THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE CAROL SANDRA MOORE WELLS, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL PROVIDE THE BUCKS 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 1/5/21. Motions referred to CAROL SANDRA MOORE WELLS. 1/5/21 ENTERED AND COPIES NOT MAILED TO PRO SE.(jpd, )
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| PETITION #2 AMENDED PETITION #10 REFERRAL ORDER #11 AND DOCKET E-MAILED TO DA BUCKS COUNTY AND PA ATTY. GEN. CRIM. LAW DIV. (jpd, ) |
| Filing 10 AMENDED PETITION FOR WRIT OF HABEAS CORPUS filed by ISHMAEL A. BURK.(jaa, ) |
| Filing 9 MOTION TO RE-OPEN CASE filed by ISHMAEL A. BURK..(jaa, ) |
| Filing 8 Letter dated 12/8/2020, filed by PRO SE PETITIONER ISHMAEL A. BURK. "ENVELOPE ATTACHED" (kw, ) |
| DOC. 7 MAILED TO PRO SE. (sg, ) |
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Filing 7
ORDERED THAT THE CLERK OF COURT SHALL PLACE CIV. A. NO. 20-5693 ECF NO. #6 ON THE DOCKET IN CIVIL ACTION 20-5887. THESE CASES ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT SHALL CLOSE THESE MATTERS.THERE IS NO CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/4/20. 12/4/20 ENTERED AND COPIES NOT MAILED TO PRO SE.(jpd, ) ( VACATED SEE ORDER #11 )
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| Filing 6 PETITIONER ISHMAEL A. BURK'S REQUEST TO WITHDRAW HABEAS CORPUS PETITION.(jpd, ) |
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Filing 5
ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. RECOGNIZING THAT RULE 2(E) OF THE RULES GOVERNING 2254 CASES STATES THAT [A] PETITIONER WHO SEEKS RELIEF FROM JUDGMENTS OF MORE THAN ONE STATE COURT MUST FILE A SEPARATE PETITION COVERING THE JUDGMENT OR JUDGMENTS OF EACH COURT, AND RECOGNIZING THAT BURK IS ATTEMPTING TO CHALLENGE BOTH (1) HIS CONVICTION FOR AGGRAVATED ASSAULT AND RELATED CRIMES IN CP-09-CR-0004724-2017 AND (2) HIS CONVICTION FOR IDENTITY THEFT AND INSURANCE FRAUD IN CP-09-CR-0008580-2017 IN THIS HABEAS PETITION, THE COURT LIMITS THE CHALLENGE BROUGHT UNDER THIS DOCKET NUMBER TO HIS CONVICTION IN CP-09-CR-0004724-2017 AND SEVERS THE CHALLENGES TO BURKS CONVICTION IN CP-09-CR-0008580-2017. THE CLERK OF COURT SHALL OPEN A SEPARATE AND NEW SECTION 2254 PETITION TO CHALLENGE CP-09-CR-0008580-2017 AND SHALL DUPLICATE FILE THE HABEAS PETITION (ECF NO. #2 ON THE NEWLY OPENED DOCKET. THESE MATTERS SHALL BE DEEMED RELATED. THE CLERK OF COURT SHALL FURNISH BURK WITH TWO BLANK COPIES OF THIS COURTS CURRENT STANDARD FORM FOR FILING A PETITION PURSUANT TO 28 U.S.C. 2254. ONE OF THE COPIES OF THE FORM SHALL BEAR THE ABOVE-CAPTIONED CIVIL ACTION NUMBER AND CP-09-CR-0004724-2017 SHALL BE ADDED AS THE CRIMINAL DOCKET OR CASE NUMBER ON THAT FORM. THE SECOND COPY OF THE FORM SHALL BEAR THE NEWLY CREATED CIVIL ACTION NUMBER AND CP-09-CR-0008580-2017 SHALL BE ADDED AS THE CRIMINAL DOCKET OR CASE NUMBER ON THAT FORM. IF BURK INTENDS TO PURSUE THESE MATTERS PURSUANT TO 28 U.S.C. 2254, HE SHALL COMPLETE BOTH OF THESE FORMS, SIGN THE COMPLETED PETITIONS, AND RETURN EACH TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. BURK SHOULD SEPARATE THE ARGUMENTS ABOUT EACH CONVICTION AND INCLUDE IN EACH PETITION ONLY THOSE ARGUMENTS RELEVANT TO THE CONVICTION ATTACKED IN THAT PETITION. IF BURK FAILS TO COMPLY WITH THIS ORDER HIS CASES MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/19/20.11/19/20 ENTERED AND COPIES OF ORDER AND FORMS MAILED TO PRO SE.(jpd, )
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| MAILED OUT PRO SE GUIDELINES ON 11/16/20. (jaa, ) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 3 Prisoner Trust Fund Account Statement by ISHMAEL A. BURK. (bw, ) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by ISHMAEL A. BURK. (Attachments: #1 Designation Form)(bw, ) |
| Filing 1 APPLICATION to Proceed in forma pauperis filed by ISHMAEL A. BURK..(bw, ) |
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