Justia Dockets & Filings Third Circuit Pennsylvania Eastern District MARMALEJOS v. COMMONWEALTH OF PENNSYLVANIA et al

MARMALEJOS v. COMMONWEALTH OF PENNSYLVANIA et al

Petitioner:	JOSE MARMALEJOS
Respondent:	COMMONWEALTH OF PENNSYLVANIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
Case Number:	2:2022cv01614
Filed:	April 25, 2022
Court:	US District Court for the Eastern District of Pennsylvania
Presiding Judge:	GERALD A MCHUGH
Nature of Suit:	Habeas Corpus: (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

Docket Report

This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 25, 2022	Filing 5 NOTICE OF ELECTION by JOSE MARMALEJOS (bw)
May 18, 2022	Filing 4 Filing fee: $ 5, receipt number PPE240049 (sbt)
May 13, 2022	Filing 3 ORDER THAT THE CLERK OF COURT IS DIRECTED TO FURNISH MARMALEJOS WITH A BLANK COPY OF THIS COURTS CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THE ABOVE CIVIL ACTION NUMBER. MARMALEJOS MAY USE THIS FORM TO SEEK LEAVE TO PROCEED IN FORMA PAUPERIS, IF HE CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE. IF MARMALEJOS 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. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN DISMISSAL OF THIS CASE WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. MARMALEJOS IS DIRECTED TO RETURN THE NOTICE OF ELECTION FORM ATTACHED TO THIS ORDER ACKNOWLEDGING THESE INSTRUCTIONS AND INDICATING HIS ELECTION TO HAVE THE PETITION CONSTRUED, AND RULED ON, AS FILED. IF MARMALEJOS DID NOT INTEND TO INITIATE A FEDERAL HABEAS PROCEEDING, OR IF, AFTER REVIEW OF THIS ORDER, MARMALEJOS SHOULD DECIDE NOT TO FURTHER PURSUE THIS ACTION, MARMALEJOS MAY FILE A NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A).1 BEFORE DOING SO, HOWEVER, MARMALEJOS IS DIRECTED TO REVIEW THE WARNINGS SET FORTH ABOVE, WHICH EXPLAIN CERTAIN FEATURES OF THE HABEAS STATUTES, INCLUDING THE RELEVANT STATUTE OF LIMITATIONS. IF MARMALEJOS FAILS TO COMPLETE AND RETURN THE NOTICE OF ELECTION FORM TO THIS COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, THE COURT WILL RULE ON THE CURRENT PETITION, AS FILED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 5/13/22. 5/13/22 ENTERED AND COPIES NOT MAILED TO PRO SE.(bw)
May 13, 2022	COPY OF DOC. NO. 3 AND IFP APPLICATION FORM(S) HAVE BEEN MAILED TO PRO SE. (bw)
April 28, 2022	Document #2 Mailed to: JOSE MARMALEJOS(dt)
April 25, 2022	Filing 2 PRO SE NOTICE RE:GUIDELINES (bw)
April 25, 2022	Filing 1 PETITION for Writ of Habeas Corpus, filed by JOSE MARMALEJOS. (NO FEE PAID; NO IFP FILED)(bw)

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Petitioner: JOSE MARMALEJOS
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Respondent: COMMONWEALTH OF PENNSYLVANIA
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Respondent: THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
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