Kinard v. BRITTAIN et al
| Idris Kinard |
| SCI FRACKVILLE and KATHY BRITTAIN |
| 2:2021cv01992 |
| April 30, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| JOSEPH F LEESON |
| RICHARD A LLORET |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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Filing 6
RECEIPT OF STATE COURT RECORD. (sg, )
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State Court Record received 6/10/21 from C.C.P. Phila., and forwarded to the chambers of Magistrate Judge Lloret. (jpd)
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Filing 5
ORDER THAT IN ACCORDANCE WITH THE PREVIOUSLY-ENTERED SCHEDULING ORDER, THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE SHALL FILE A SPECIFIC AND DETAILED ANSWER TO THE CLAIMS IN MR. KINARDS HABEAS PETITION AND A SUPPORTING LEGAL MEMORANDUM ON OR BEFORE JULY 2, 2021. 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. KINARD, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CP-51-CR-0002209-2010, ON OR BEFORE JULY 2, 2021. AS REQUIRED BY 18 U.S.C. 3771(B)(2), THE COMMONWEALTH SHALL ENSURE THAT IN A FEDERAL HABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDED THEIR RIGHTS UNDER THE CRIME VICTIMS ACT, AS AMENDED JULY 27, 2006. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 6/7/21. 6/8/21 ENTERED AND COPIES E-MAILED. (va, )
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COPY OF #5 ORDER FAXED TO CCP PHILADELPHIA COUNTY ON 6/8/21. (va, )
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Filing 4
Response regarding timeliness of habeas petition by KATHY BRITTAIN, SCI FRACKVILLE. (Attachments: #1 Exhibit Direct appeal docket sheet, #2 Exhibit PCRA appeal docket sheet, #3 Exhibit Trial court docket sheet, #4 Exhibit Trial court opinion, #5 Exhibit Superior Court Opinion - Direct Appeal, #6 Exhibit PCRA court opinion, #7 Exhibit Superior Court Opinion - PCRA) (NAPIORSKI, DAVID)
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Filing 3
ORDER THAT THE PHILADELPHIA COUNTY DISTRICT ATTORNEY'S OFFICE SHALL ENTER THEIR APPEARANCE ON BEHALF OF THE REPONDENTS UPON RECEIPT OF THIS ORDER. THE DISTRICT ATTORNEY SHALL FILE A MEMORANDUM BY 6/7/21 EXPLAINING WHETHER THIS PETITION SHOULD BE DISMISSED AS UNTIMELY. THE CLERK FOR THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNY SHALL FILE WITH THIS CLERK OF THIS COURT ALL RECORDS ETC IN THE MATTER OF COMMONWEALTH v. KINARD CP-51-CR-0002209-2010 WITHIN 45 DAYS OF THE DATE OF THIS ORDER. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 5/17/21. 5/19/21 ENTERED AND COPIES E-MAILED.(mbh, )
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Habeas petition, order (ECF #3) and docket emailed to Philadelphia County District Attorney's office. Order (ECF #3) forwarded to Phila County CCP (mbh, )
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Filing 2
ORDER 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 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. THE CLERK OF COURT SHALL PROVIDE THE PHILADELPHIA COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL WITH A COPY OF THE PETITION. THE CLERK OF COURT IS DIRECTED TO CORRECT THE CAUSE LISTED ON THE DOCKET FROM 28 U.S.C. 1651 TO 28 U.S.C. 2254, PETITION FOR WRIT OF HABEAS CORPUS (STATE). SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/17/21. 5/17/21 ENTERED AND COPIES E-MAILED. (er, ) (Main Document 2 replaced on 5/17/2021) (er, ).
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E-mailed Order, Petition and Copy of docket to DA of Philadelphia County and PA Attorney General's Office (er, )
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Filing 1
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0313-15088956.), filed by Idris Kinard. (Attachments: #1 Civil Cover Sheet civil cover sheet, #2 Designation Form designation form)(HIMEBAUGH, TERI)
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