WATERS v. IRWIN et al
| GERALD WATERS |
| RANDY IRWIN, PA DEPARTMENT OF CORRECTIONS and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv01402 |
| April 11, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MITCHELL S GOLDBERG |
| RICHARD A LLORET |
| 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 May 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 Copy of Order/Notice dated 4/28/23 (Document # 4) and envelope returned from the U.S. Postal Service addressed to GERALD WATERS for the following reason: INMATE REFUSED MAIL DELIVERY. (bw) |
| Filing 8 Copy of Order/Notice dated 5/1/23 (Document # 5) and envelope returned from the U.S. Postal Service addressed to GERALD WATERS for the following reason: REFUSED; UNABLE TO FORWARD. (JL) |
| PAPER #2,#4 AND #5 MAILED TO PRO SE (JL) |
| RESENT TO PRO SE PLAINTIFF AT SAME PRISON AFTER CHECKING INMATE LOCATOR (JL) |
| Filing 7 Letter Request to Resend Document dated 5/11/23 by GERALD WATERS. Envelope. (va) |
| State Court Record received by Sheila McCurry, Courtroom Deputy to U.S. Magistrate Judge Richard A. Lloret on 05/11/2023.(smcc) |
| State Court Record received. Record sent to Chambers of Judge RICHARD A. LLORET.. (JL) |
| PAPER #4 MAILED TO PRO SE (JL) |
| Filing 6 NOTICE of Appearance by KATHERINE ELIZABETH ERNST on behalf of RANDY IRWIN, PA DEPARTMENT OF CORRECTIONS, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA with Certificate of Service(ERNST, KATHERINE) |
| COPY OF DOC. NO. 5 HAS BEEN MAILED TO PRO SE. (bw) |
Filing 5
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. WATERS 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. WATERS, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CP-51-CR-0308691-2006, 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 5/1/23. 5/1/23 ENTERED AND COPIES E-MAILED. PRO SE PETITIONER NOT MAILED. (va)
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| Copy of #5 Order e-mailed to Philadelphia DA. (va) |
| Copy of #5 Order faxed to CCP Philadelphia. (va) |
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Filing 4
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 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 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 MITCHELL S. GOLDBERG ON 4/28/23. 5/1/23 ENTERED AND COPIES E-MAILED. PRO SE PETITIONER NOT MAILED. (va)
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| Copy of #1 Petition & #4 Order e-mailed to Philadelphia DA on 5/1/23. (va) |
| Filing 3 Filing fee: $ 5.00, receipt number 20008572 (va) |
| COPY OF DOC. NO. 2 HAS BEEN MAILED TO PRO SE. (bw) |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by GERALD WATERS. (NO FEE PAID; NO IFP FILED)(bw) |
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