HAYMES v. GARMAN et al
| LAMAR HAYMES |
| THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA JOSH SHAPIRO and MARK GARMAN |
| 2:2021cv01022 |
| March 1, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| HENRY S PERKIN |
| EDWARD G SMITH |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
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Filing 9
ORDER THAT THE "MOTION TO CONSOLIDATE CASE NO. 51-05 AND CASE NO. 865-05 FOR PURPOSES OF APPEAL" (DOC. NO. 5) IS DENIED AS MOOT. THE "MOTION TO AMEND 28 U.S.C. 2254 HABEAS CORPUS ACTION" (DOC. NO. 6) IS DENIED AS MOOT. THE "MOTION FOR EXTENSION OF TIME TO FILE MEMORANDUM OF LAW" (DOC. NO. 8) IS GRANTED. THE PETITIONER SHALL HAVE UNTIL AUGUST 11, 2021, TO FILE HIS SUPPORTING MEMORANDUM OF LAW. THIS MATTER IS REFERRED TO THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION, ETC. THE CLERK OF COURT SHALL PROVIDE COPIES OF THE HABEAS PETITION TO THE DELAWARE COUNTY DISTRICT ATTORNEYS OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL CRIMINAL LAW DIVISION. THE CLERK OF COURT SHALL PLACE THIS MATTER INTO CIVIL SUSPENSE UNTIL FURTHER ORDER OF COURT. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/13/21.4/13/21 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(er, )
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| Filing 8 MOTION FOR EXTENSION OF TIME TO FILE MEMORANDUM OF LAW, filed by LAMAR HAYMES. Certificate of Compliance. Proof of Service. Envelope. (va, ) |
| Filing 7 Notice of Election, filed by PRO SE PETITIONER LAMAR HAYMES. "ENVELOPE ATTACHED" (kw, ) |
| Filing 6 MOTION TO AMEND 28 U.S.C. SEC. 2254 HABEAS CORPUS ACTION, CERTIFICATE OF COMPLIANCE, PROOF OF SERVICE, FILED BY PRO SE PETITIONER LAMAR HAYMES. "ENVELOPE ATTACHED" (Attachments: #1 Attachment)(kw, ) |
| Filing 5 PETITIONER'S MOTION TO CONSOLIDATE CASE NO. 51-05 AND CASE NO. 865-05 FOR PURPOSES OF APPEAL filed by LAMAR HAYMES.PROOF OF SERVICE.(jaa, ) |
| Filing 4 EXHIBITS by LAMAR HAYMES.. (sg, ) |
| Filing fee: $ 5, receipt number PPE224949 (sbt, ) |
| MAILED OUT ORDER ENTRY #3 WITH IFP FORM TO PETITIONER ON 3/9/21. (jaa, ) |
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Filing 3
ORDER THE CLERK OF COURT SHALL FURNISH HAYMES WITH A BLANK COPY OF THIS COURTS CURRENT APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THE ABOVE CIVIL ACTION NUMBER; ETC. AS HEREIN. IF HAYMES SEEKS TO PROCEED WITH THIS CASE, HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY THE REQUIRED $5 FILING FEE TO THE CLERK OF COURT, OR (2) COMPLETE AND RETURN THE APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, INCLUDING THE REQUIRED CERTIFICATION OF PRISON ASSETS SIGNED BY A PRISON OFFICIAL, TO THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN DISMISSAL OF THIS CASE WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE; THE PETITION HAYMES FILED DOES NOT CONTAIN THE INSTRUCTIONS THAT ARE CONTAINED IN THE COURTS CURRENT STANDARD FORM, AS REQUIRED BY UNITED STATES V. THOMAS, 221 F.3D 430 (3D CIR. 2000) (RELATING TO 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 RIGHT OF PETITIONER TO FILE SECOND OR SUCCESSIVE PETITION UNDER 28 U.S.C. 2254); ETC. AS HEREIN. HAYMES IS DIRECTED, WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, TO COMPLETE AND RETURN THE NOTICE OF ELECTION FORM ATTACHED TO THIS ORDER, INDICATING HIS ELECTION TO EITHER (1) WITHDRAW HIS CURRENT PETITION OR (2) HAVE THE PETITION CONSTRUED, AND RULED ON, UNDER 28 U.S.C. 2254. IF HAYMES FAILS TO COMPLETE AND RETURN THE NOTICE OF ELECTION FORM TO THIS COURT WITHIN THE 30-DAY PERIOD, THE COURT WILL RULE ON THE CURRENT PETITION AS FILED; ETC. AS HEREIN. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/8/21. 3/8/21 ENTERED AND COPIES NOT MAILED TO PRO SE ALONG WITH A BLANK COPY OF THIS COURTS CURRENT APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THE ABOVE CIVIL ACTION NUMBER.(mas, )
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| PLEADING #2 MAILED TO PRO SE (JL ) |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by LAMAR HAYMES. (NO FEE PAID; NO IFP FILED)(bw, ) |
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