MELTON v. SORBER et al
| TYHEEM MELTON |
| JAMIE SORBER, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2022cv02889 |
| July 21, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| ELIZABETH T HEY |
| CHAD F KENNEY |
| Prisoner Petitions: Mandamus & Other |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| State Court Record received. (JL) |
| petition and order DOC. 7 were emailed to the PA Attorney General. (sg) |
ORDER DOC. 8 AND PETITION WERE EMAILED TO DA. (sg)
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Filing 8
ORDERED THAT:1. THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILEDANSWERS WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER PURSUANT TO RULE 5, 28 U.S.C.FOL. 2254. IF THE DISTRICT ATTORNEY FINDS THAT ANY CLAIM IS UNTIMELY PURSUANT TO 28U.S.C. 2244(D), HE MAY FOREGO A DISCUSSION OF THE MERITS OF SUCH CLAIM AND FOCUS THEARGUMENT REGARDING THAT CLAIM SOLELY ON TIMELINESS. AS REQUIRED BY 18 U.S.C. 3771(B)(2), THE COMMONWEALTH IS FURTHER ORDERED TO ENSURE THAT IN A FEDERALHABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDEDTHEIR RIGHTS UNDER THE CRIMES VICTIMS ACT, AS AMENDED JULY 27, 2006.3. THE PROTHONOTARY, CLERK OF COURT, OR OFFICE OF JUDICIAL SUPPORT OF PHILADELPHIACOUNTY SHALL FILE WITH THE CLERK OF THIS COURT COPIES OF ALL RECORDS, INCLUDINGTRANSCRIPTS OF NOTES OF TESTIMONY AT ARRAIGNMENT, TRIAL, SENTENCING, SUPPRESSIONHEARINGS, POST CONVICTION HEARINGS, PETITIONS, PLEADINGS, OPINIONS AND BRIEFS OF STATECOURT PROCEEDINGS IN THE MATTER OF COMMONWEALTH V. MELTON, CP-51-CR-0006840-2015,COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA WITHIN THIRTY (30) DAYS OFTHE DATE OF THIS ORDER.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 8/29/2022. 8/29/2022 ENTERED AND COPIES MAILED TO PRO SE. EMAILED TO THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY AND THE PROTHONOTARY OF PHILADELPHIA COUNTY.(sg)
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| Copy of order #7 mailed to TYHEEM MELTON. (afm) |
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Filing 7
ORDER THAT HAVING RECEIVED THE FILING FEE OF $5, IT IS ORDERED THAT: 1. THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE ELIZABETH T. HEY, 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 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 3. THE CLERK OF COURT IS DIRECTED TO PROVIDE THE PHILADELPHIA COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL WITH A COPY OF THE PETITION.. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/26/2022. 8/26/2022 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED PHILADELPHIA COUNTY DA AND PA OFFICE OF THE AG.(sg)
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| Filing 6 Filing fee: $ 5, receipt number 20001539 (sbt) Modified on 8/26/2022 (sbt). |
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Filing 5
ORDERED THAT: 1. LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED BECAUSE MELTON HAS SUFFICIENT FUNDS AVAILABLE IN HIS INMATE ACCOUNT TO PAY THE REQUIRED $5 FILING FEE. 2. IF MELTON SEEKS TO PROCEED WITH THIS CASE, HE SHALL REMIT $5 TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. 3. IF MELTON FAILS TO COMPLY WITH THIS ORDER, HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE.. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/4/2022.8/5/2022 ENTERED AND COPIES MAILED TO PRO SE.(sg)
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| DOC. NO. #4 MAILED TO PRO SE ON 8/1/22. (amas) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (sg) |
| Filing 3 Prisoner Trust Fund Account Statement by TYHEEM MELTON. (sg) Modified on 7/29/2022 (sg). |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by TYHEEM MELTON.(sg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by TYHEEM MELTON..(sg) (Main Document 1 replaced on 7/29/2022) (lisad, ). |
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