SMITH v. SECRETARY OF THE DEPARTMENT OF CORRECTIONS, et al
| KEITH ROBERT SMITH |
| SECRETARY OF THE DEPARTMENT OF CORRECTIONS, DISTRICT ATTORNEY OF CHESTER COUNTY and ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, JOSH SHAPIRO |
| 2:2022cv03005 |
| July 27, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| NITZA I QUINONES ALEJANDRO |
| SCOTT W REID |
| Habeas Corpus: (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 13 ANSWER to Complaint together with No by DISTRICT ATTORNEY OF CHESTER COUNTY. (Attachments: #1 Appendix)(MORANO, GERALD) |
Order #11 faxed to CCP Chester County. (fdc)
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| Filing 12 NOTICE of Appearance by GERALD P. MORANO on behalf of DISTRICT ATTORNEY OF CHESTER COUNTY (MORANO, GERALD) |
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Filing 11
ORDER THAT THE THE OFFICE OF THE DISTRICT ATTORNEY OF THE COUNTY OF CHESTER SHALL ENTER ITS APPEARANCE ON BEHALF OF THE RESPONDENTS UPON RECEIPT OF THIS ORDER. THE OFFICE OF THE DISTRICT ATTORNEY OF THE COUNTY OF CHESTER SHALL FILE A SPECIFIC AND DETAILED ANSWER TO THE CLAIMS IN MR. SMITH'S HABEAS PETITION AND A SUPPORTING LEGAL MEMORANDUM WITHIN 60 DAYS FROM THE DATE OF THIS ORDER PURSUANT TO RULE 5, 28 USC SEC. 2254. ALL OPINIONS OF THE COMMONWEALTH COURTS WILL BE ATTACHED AS EXHIBITS TO THE MEMORANDUM. THE COURT OF COMMON PLEAS FOR THE COUNTY OF CHESTER 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 IN THE MATTER OF COMMONWEALTH V. KEITH ROBERT SMITH, COURT OF COMMON PLEAS OF CHESTER,CP-15-CR-0002332-2016 WITHIN 45 DAYS OF THE DATE OF THIS ORDER. SIGNED BY MAGISTRATE JUDGE SCOTT W. REID ON 9/15/22. 9/15/22 ENTERED AND COPIES MAILED & E-MAILED.(fdc)
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| Petition #1 , Order #11 , and Docket Report E-mailed to PA Attorney General's Office and Chester County D.A.'s Office. (fdc) |
| Filing 10 NOTICE of Appearance by GERALD P. MORANO on behalf of DISTRICT ATTORNEY OF CHESTER COUNTY (MORANO, GERALD) |
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Order #9 mailed to Smith. (fdc)
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Filing 9
ORDER THAT THE ABOVE-CAPTIONED CASE IS REFERRED TO THE HONORABLE SCOTT W. REID, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. THE CLERK OF COURT IS DIRECTED TO PROVIDE THE CHESTER COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF THE ATTORNEY GENERAL WITH A COPY OF THE PETITION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/24/22. 8/25/22 ENTERED AND COPIES NOT MAILED TO PRO SE.(mbh)
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ORDER #9 AND HABEAS PETITION EMAILED TO CHESTER COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL. (mbh)
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| Filing 8 NOTICE of Election by KEITH ROBERT SMITH (fdc) |
| Copy of order #6 mailed to pro se Keith Robert Smith (afm) |
| Filing 7 NOTICE of Change of Address by KEITH ROBERT SMITH(jaa, ) |
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Filing 6
ORDER THAT SMITH IS DIRECTED TO RETURN THE NOTICE OF ELECTION FORM ATTACHED TO THIS ORDER. IF SMITH DID NOT INTEND TO INITIATE A FEDERAL HABEAS PROCEEDING OR IF, AFTER REVIEW OF THIS ORDER, SMITH SHOULD DECIDE NOT TO FURTHER PURSUE THIS ACTION, SMITH MAY FILE A NOTICE OF DISMISSAL PURSUANT TO FRCP 41(A). BEFORE DOING SO, HOWEVER, SMITH IS DIRECTED TO REVIEW THE WARNINGS SET FORTH ABOVE, WHICH EXPLAIN CERTAIN FEATURES OF THE HABEAS STATUTES, INCLUDING THE RELEVANT STATUTE OF LIMITATIONS. IF SMITH FAILS TO COMPLETE AND RETURN THE NOTICE OF ELECTION FORM TO THIS COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, HIS PETITION MAY BE DISMISSED, WITHOUT PREJUDICE. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/5/22. 8/5/22 ENTERED AND MAILED TO SMITH.(fdc)
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| COPY OF DOC. NO. 5 HAS BEEN MAILED TO PRO SE. (bw) |
| Filing 5 PRO SE NOTICE RE:GUIDELINES (sbt) |
| Filing 4 Case transferred in from District of Pennsylvania Western; Case Number 3:22-cv-00099. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
ORDER adopting #2 Report and Recommendation. Having conducted a de novo review of Magistrate Judge Kelly's Report & Recommendation and a de novo review of the record in this case, and having considered that no objections to the Report & Recommendation were filed, the Court finds no clear error on the face of the record. It is ORDERED that the #2 Report and Recommendation is adopted as the opinion of the Court, and this case shall be TRANSFERRED forthwith to the United States District Court for the Eastern District of Pennsylvania. Signed by Judge J. Nicholas Ranjan on 7/25/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) [Transferred from Pennsylvania Western on 8/1/2022.]
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| Filing 2 REPORT AND RECOMMENDATION respectfully recommending that this case be transferred forthwith to the United States District Court for the Eastern District of Pennsylvania. As more fully stated herein. Objections to R&R due by 7/15/2022. Signed by Magistrate Judge Maureen P. Kelly on 6/28/2022. A copy of this document was mailed to Petitioner at his address of record. (dad) [Transferred from Pennsylvania Western on 8/1/2022.] |
| Magistrate Judge Maureen P. Kelly no longer assigned to case. (ijh) [Transferred from Pennsylvania Western on 8/1/2022.] |
| Judge J. Nicholas Ranjan and Magistrate Judge Maureen P. Kelly added. (ijh) [Transferred from Pennsylvania Western on 8/1/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 34668005925), filed by KEITH ROBERT SMITH. (Attachments: #1 Receipt, #2 Envelope) (jd) [Transferred from Pennsylvania Western on 8/1/2022.] |
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