ROSARIO v. BRITTIAN et al
| FERNANDO ROSARIO |
| KATHY BRITTIAN, THE DISTRICT ATTORNEY OF THE COUNTY OF MONTGOMERY and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv00498 |
| February 6, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| RICHARD A LLORET |
| GENE EK PRATTER |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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| DOC. NO. #9 MAILED TO PRO SE ON 3/2/23.(amas) |
Filing 9
ORDER THAT PETITIONERS MOTION FOR TEMPORARY STAY OF THE PROCEEDINGS IS GRANTED. THE MONTGOMERY COUNTY DISTRICT ATTORNEYS OFFICE SHALL FILE A BRIEF STATUS REPORT EVERY 60 DAYS, BEGINNING ON MAY 1, 2023, ADVISING THE COURT OF THE STATUS OF THE PETITIONERS STATE COURT APPEAL. PETITIONER SHALL ADVISE THE COURT WITHIN THIRTY (30) DAYS OF THE RESOLUTION OF ALL OF HIS STATE COURT APPEALS WHETHER HE INTENDS TO PROCEED WITH THIS ACTION, ETC. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 3/1/23.3/1/23 ENTERED AND COPIES NOT MAILED TO PRO SE. (amas)
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| Filing 8 MOTION TO TEMPORARY STAY THE PROCEEDINGS (STAY OF ABEYANCE), FILED BY FERNANDO ROSARIO.(amas) |
| Filing 7 Original Record together with certified copy of docket entries received from Court of Common Pleas of MONTGOMERY County FOR CCP CASE NUMBER CR2946-15. (Attachments: #1 SUPERIOR COURT ORDER, #2 PRO SE CORRESPONDENCE, #3 ORDER DIRECTING BRIEF TO BE FILED, #4 PRO SE CORRESPONDENCE, #5 PRO SE CORRESPONDENCE, #6 ORDER DIRECTING BRIEFS TO BE FILED, #7 PRO SE CORRESPONDENCE, #8 SUPERIOR COURT DECISION, #9 REMAND OF RECORD, #10 AMENDED ORDER, #11 PRO SE CORRESPONDENCE, #12 PRO SE CORRESPONDENCE, #13 BRIEF FILED, #14 PRO SE CORRESPONDENCE, #15 BRIEF FILED, #16 PROOF OF SERVICE, #17 PRO SE CORRESPONDENCE, #18 PRO SE CORRESPONDENCE, #19 MOT REQ EXT TIME, #20 FINAL ORDER OF DISMISSAL, #21 PRO SE CORRESPONDENCE, #22 NOTICE OF APPEAL, #23 MISC, #24 APPLICATION FOR LEAVE TO APPEAL IFP, #25 CONCISE STATEMENT ORDER, #26 ORDER GRANTING MOTION TO PROCEED IFP, #27 PRO SE CORRESPONDENCE, #28 CONCISE STATEMENT, #29 OPINION, #30 FORM REPORT 1275, #31 PRO SE CORRESPONDENCE, #32 PETITION FOR ALOWANCE, #33 FORM REPORT 1275, #34 NOTES OF TESTIMONY, #35 NOTES OF TESTIMONY, #36 OPINION, #37 TRIAL COURT RECORD)(amas) |
| Filing 6 Original Record together with certified copy of docket entries received from Court of Common Pleas of MONTGOMERY County FOR CCP CASE NUMBER CR512-15. (Attachments: #1 SUPERIOR COURT ORDER, #2 PRO SE CORRESPONDENCE, #3 ORDER DIRECTING BRIEF TO BE FILED, #4 ORDER DIRECTING BRIEFS TO BE FILED, #5 SUPERIOR COURT DECISION, #6 REMAND OF RECORD, #7 AMENDED ORDER, #8 PRO SE CORRESPONDENCE, #9 MOT REQUESTING EXT TIME, #10 FINAL ORDER OF DISMISSAL, #11 COVER SHEET, #12 NOTICE OF APPEAL, #13 MOTION TO PROCEED IFP, #14 CONCISE STATEMENT ORDER, #15 CONCISE STATEMENT OF THE MATTERS, #16 OPINION, #17 FORM REPORT 1275, #18 PETITION FOR ALOWANCE, #19 FORM REPORT 1275, #20 NOTES OF TESTIMONY, #21 OPINION, #22 TRIAL COURT RECORD)(amas) |
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ORDER AND PETITION EMAILED TO MONTGOMERY COUNTY DA'S OFFICE AND THE CLERK FOR THE COURT OF COMMON PLEAS MONTGOMERY COUNTY.(sg)
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Filing 5
ORDERED that:1. The Montgomery County District Attorneys Office shall enter their appearance on behalf of the respondents upon receipt of this Order.2. The Montgomery County District Attorneys Office shall file a specific and detailed answer to the claims in Mr. Rosarios 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.3. If Petitioner files any non-dispositive motions, the Montgomery 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. 4. The Clerk for the Court of Common Pleas of Montgomery 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. Rosario, Court of Common Pleas of Montgomery County, CP-46-CR-0000512-2015 and Commonwealth v. Rosario, Court of Common Pleas of Montgomery County, CP-46-CR-0002943-2015, 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 Montgomery County.5. 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 2/14/2023. 2/17/2023 ENTERED AND COPIES MAILED TO PRO SE.(sg)
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Filing 4
ORDERED THAT THIS CASE IS REFERRED TO THE HONORABLE RICHARD A. LLORET, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. THE CLERK OF COURT IS DIRECTED TO PROVIDE THE MONTGOMERY COUNTY DA'S OFFICE AND THE PA OFFICE OF AG WITH A COPY OF THE PETITION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/10/2023. 2/13/2023 ENTERED AND COPIES MAILED TO PRO SE.(sg) Modified on 2/17/2023 (lvj).
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| PETITION AND ORDER EMAILED TO MONTOGMERY COUNTY DA AND PA OFFICE OF AG (sg) |
| Notice of Pro Se Guidelines (#3) mailed to Rosario. (fdc) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (bw) |
| Filing 2 Filing fee: $ 5, receipt number 20006453 SCI-FRACKVILLE (bw) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 20006453.), filed by FERNANDO ROSARIO.(bw) (Main Document 1 replaced on 2/9/2023) (ke). (Main Document 1 replaced on 2/9/2023) (ke). |
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