FRAZIER v. HARRY et al
| JERRY FRAZIER |
| LAUREL HARRY, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2021cv04512 |
| October 12, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| RICHARD A LLORET |
| R BARCLAY SURRICK |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| State Court Record received. (JL ) |
Filing 7
ORDER THAT THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE SHALL ENTER THEIR APPEARANCE ON BEHALF OF THE RESPONDENTS UPON RECEIPT OF THIS ORDER. THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE SHALL FILE A SPECIFIC AND DETAILED ANSWER TO THE CLAIMS IN MR. FRAZIERS HABEAS PETITION AND A SUPPORTING LEGAL MEMORANDUM WITHIN 45 DAYS FROM THE DATE OF THIS ORDER PURSUANT TO RULE 5, 28 U.S.C. 2254. ALL OPINIONS OF THE COMMONWEALTH COURTS WILL BE ATTACHED AS EXHIBITS TO THE MEMORANDUM. IF PETITIONER FILES ANY NON-DISPOSITIVE MOTIONS, THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE SHALL RESPOND WITHIN 14 DAYS PER LOCAL RULE OF CIVIL PROCEDURE 7.1(C) AND FED. R. CIV. P. 81(A)(4)(A). THE DISTRICT ATTORNEYS OFFICE NEED NOT FILE A RESPONSE IF THE COURT RULES ON PETITIONERS MOTION BEFORE THE DISTRICT ATTORNEYS OFFICE HAS FILED ITS RESPONSE. 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. FRAZIER, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CP-51-CR-0601421-2003, WITHIN 45 DAYS OF THE DATE OF THIS ORDER. THE CLERK OF THIS COURT SHALL SEND A COPY OF THIS ORDER TO THE CLERK FOR THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. 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 11/5/21. 11/8/21 ENTERED AND COPIES E-MAILED. (va, )
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| District Atty & Atty Gen emailed copy of #7 Order; Copy faxed to CCP Philadelphia on 11/8/21. (va, ) |
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Filing 6
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 THAT 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 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 R. BARCLAY SURRICK ON 11/2/21. 11/3/21 ENTERED AND COPIES E-MAILED. (va, )
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| Copy of #6 Order and #4 Petition emailed to PA Atty Gen on 11/3/21. (va, ) |
| Filing 4 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BPAEDC-15514393.), filed by JERRY FRAZIER. (Attachments: #1 Appendix)(HIMEBAUGH, TERI) |
| Filing fee $ 5 receipt number BPAEDC-15496995 (SEE ORDER #5) (md, ) |
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Filing 5
ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS AND AFFIDAVIT ARE DISMISSED WITHOUT PREJUDICE TO FRAZIER PROCEEDING WITH HIS CLAIMS IN C.A. NO. 21-4512, ETC. THE CLERK OF COURT SHALL CREDIT COUNSEL'S $5 PAYMENT IN THIS ACTION ON 10/23/21 TO C.A. NO. 21-4512. ACCORDINGLY, THE DOCKET FOR 21-4512 SHALL REFLECT THAT THE $5 FEE HAS BEEN PAID IN THAT CASE. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/28/21. 11/2/21 ENTERED AND COPIEs E-MAILED.(amas, )
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| Document 3 mailed to Petitioner. (mac, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by JERRY FRAZIER. (NO FEE PAID; NO IFP FILED)(bw, ) |
| Filing 1 CERTIFIED COPY OF ORDER FROM UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT (bw, ) |
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