Gainey v. Superintendent Fayette SCI et al
Petitioner: Montrell Gainey
Respondent: ATTORNEY GENERAL OF STATE OF PENNSYLVANIA, Superintendent Fayette SCI and District Attorney of County of Philadelphia
Case Number: 2:2021cv00214
Filed: January 15, 2021
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: ANITA B BRODY
Referring Judge: LYNNE A SITARSKI
Nature of Suit: Habeas Corpus: (General)
Cause of Action: 28 U.S.C. ยง 1651
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2021 Filing 6 Declaration Verification of Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by Montrell Gainey. (MCHUGH, CAROLE)
February 5, 2021 Opinion or Order Filing 5 ORDERED THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS, AND SHALL ADDRESS PETITIONERS REQUEST TO STAY THE PETITION, BY MARCH 22, 2021 PURSUANT TO RULE 5, 28 U.S.C. 2254. AS REQUIRED BY 18 U.S.C. 3771(B)(2), THE COMMONWEALTH IS FURTHER ORDERED TO ENSURE THAT IN A FEDERAL HABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDED THEIR RIGHTS UNDER THE CRIMES VICTIMS ACT, AS AMENDED DECEMBER 1, 2009. SHOULD PETITIONER WISH TO FILE A REPLY TO THE RESPONDENT'S ANSWER, HIS REPLY SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER SERVICE OF THE ANSWER. THE PROTHONOTARY OF PHILADELPHIA/CLERK OF COURTS OR OFFICE OF JUDICIAL SUPPORT 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. MONTRELL GAINEY, DOCKET NUMBER CP-51-CR-0014125-2011, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA BY MARCH 22, 2021. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 2/5/21. 2/25/21 ENTERED AND COPIES E-MAILED TO COUNSEL, DA PHILA. COUNTY AND CLERK C.C.P. PHILA COUNTY.(jpd, )
February 5, 2021 PETITION #1 ORDER #5 AND DOCKET E-MAILED TO DA PHILA COUNTY, ORDER #5 E-MAILED/FAXED TO C.C.P. PHILA. COUTNY (jpd, )
February 2, 2021 PETITION #1 REFERRAL ORDER #4 AND DOCKET E-MAILED TO PA. ATTY. GEN CRIM LAW. DIV. (jpd, )
February 2, 2021 Opinion or Order Filing 4 Order Referring Case to Magistrate Judge MAGISTRATE JUDGE LYNNE A. SITARSKI. SIGNED BY HONORABLE ANITA B. BRODY ON 2/2/21. 2/2/21 ENTERED AND COPIES E-MAILED.(jwl, )
January 26, 2021 Filing 3 AMENDED DOCUMENT by Montrell Gainey. Amendment to #2 MOTION to Stay re #1 Petition for Writ of Habeas Corpus (Attorney), Correction to Motion for Stay and Abeyance. (MCHUGH, CAROLE)
January 15, 2021 Filing 2 MOTION to Stay re #1 Petition for Writ of Habeas Corpus (Attorney), filed by Montrell Gainey.Certificate of Service. (Attachments: #1 Text of Proposed Order)(MCHUGH, CAROLE)
January 15, 2021 Filing 1 PETITION for Writ of Habeas Corpus by a Person in State Custody ( Filing fee $ 5 receipt number 0313-14847105.), filed by Montrell Gainey. (Attachments: #1 Supplement Supplemental pages, #2 Exhibit Appendices A, B, C, #3 Civil Cover Sheet, #4 Designation Form)(MCHUGH, CAROLE)

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Respondent: ATTORNEY GENERAL OF STATE OF PENNSYLVANIA
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Respondent: Superintendent Fayette SCI
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Respondent: District Attorney of County of Philadelphia
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Petitioner: Montrell Gainey
Represented By: CAROLE L. MCHUGH
Represented By: BARNABY C. WITTELS
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