DRAKE v. HOUSER et al
| MICHAEL ERIC DRAKE |
| SUPERINTENDENT HOUSER, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2021cv03923 |
| August 31, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| CYNTHIA M RUFE |
| LYNNE A SITARSKI |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.
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Filing 5
ORDERED THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS BY NOVEMBER 26, 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. 2. 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. MICHAEL ERIC DRAKE, CP-51-CR-0012343-2011, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA BY NOVEMBER 26, 2021. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 10/12/21. 10/12/21 ENTERED AND COPIES MAILED TO PETITIONER.(jaa, )
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| COPY OF PETITION #1 , ORDER #5 AND DOCKET SHEET FORWARDED TO PHILADELPHIA DISTRICT ATTORNEYS' OFFICE AND ATTORNEY GENERAL ON 10/12/21. (jaa, ) |
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Filing 4
ORDERED THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE LYNNE A. SITARSKI, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; 2. 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; AND 3. 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. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/4/21. 10/5/21 ENTERED AND COPIES MAILED TO PETITIONER.(jaa, )
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| COPY OF PETITION #1 , ORDER #4 AND DOCKET SHEET FORWARDED BY EMAIL TO ATTORNEY GENERAL ON 10/5/21. (jaa, ) |
| Filing fee: $ 5, receipt number PPE232385 (sbt, ) |
| DOC. 3 WITH IFP APPLICATION MAILED TO PRO SE. (sg, ) |
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Filing 3
ORDERED THAT THE CLERK OF COURT SHALL FURNISH DRAKE WITH A BLANK COPY OF THIS COURTS CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THE ABOVE CIVIL ACTION NUMBER. 2. IF DRAKE 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 TO PROCEED IN FORMA PAUPERIS, INCLUDING THE REQUIRED CERTIFICATION OF PRISON ASSETS SIGNED BY A PRISON OFFICIAL, TO THE CLERK OF COURT. 3. IF DRAKE FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/21. 9/8/21 ENTERED AND COPIES NOT MAILED TO PETITIONER.(jaa, )
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| COPY OF PRO SE GIDELINES HAS BEEN MAILED TO PRO SE, DRAKE. (bw, ) |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by MICHAEL ERIC DRAKE. (NO FEE PAID; NO IFP FILED)(bw, ) |
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