HERNANDEZ v. BRITTAIN et al
| MICHAEL HERNANDEZ |
| KATHY BRITTAIN, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv02954 |
| August 3, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN R PADOVA |
| CRAIG M STRAW |
| 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 August 17, 2023. A more recent docket listing may be available from PACER.
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| DOC. NO. #5 MAILED TO PRO SE ON 8/17/23. (amas) |
| COPY OF DOC. NO. 5 HAS BEEN E-MAILED TO THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS. (bw) |
Filing 5
ORDER THAT UPON CONSIDERATION OF THE PETITION FOR HABEAS CORPUS #1 , IT IS HEREBY ORDERED THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS WITHIN SIXTY (60) 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 28 U.S.C. 2244(D), HE MAY FOREGO A DISCUSSION OF THE MERITS OF SUCH CLAIM AND FOCUS THE ARGUMENT 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 FEDERAL HABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDED THEIR RIGHTS UNDER THE CRIMES VICTIMS ACT, AS AMENDED JULY 27, 2006. PETITIONER MAY, IF HE CHOOSES, FILE A REPLY TO THE RESPONDENTS ANSWER WITHIN TWENTY-ONE (21) DAYS FROM THE DATE RESPONDENTS ANSWER IS FILED. THE PROTHONOTARY, CLERK OF COURT, OR OFFICE OF JUDICIAL SUPPORT 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. HERNANDEZ, CP-51-CR-15339-2013, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. SIGNED BY MAGISTRATE JUDGE CRAIG M. STRAW ON 8/16/23. 8/16/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO PRO SE.(bw)
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Filing 4
ORDER THAT UPON CONSIDERATION OF THE PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY, IT IS HEREBY ORDERED AS FOLLOWS: THIS CASE IS REFERRED TO MAGISTRATE JUDGE CRAIG M. STRAW FOR A REPORT AND RECOMMENDATION. PURSUANT TO LOCAL CIVIL RULE 72.1.IV(C), ALL ISSUES AND EVIDENCE SHALL BE PRESENTED TO THE 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 MAGISTRATE JUDGE. THE CLERK OF COURT IS DIRECTED TO PROVIDE A COPY OF THE PETITION TO THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/15/23. 8/15/23 ENTERED AND MAILED TO PRO SE.(bw) Modified on 8/15/2023 (bw).
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| COPY OF THE PETITION HAS BEEN E-MAILED TO THE PHILADELPHIA COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL. (bw) |
| Filing 3 Filing fee: $ 5.00, receipt number 20011985 (jaa, ) |
| 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 MICHAEL HERNANDEZ. (NO FEE PAID; NO IFP FILED)(bw) |
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