LEWIS v. MCGINLEY et al
| JIBREEL LEWIS |
| THOMAS S. MCGINLEY, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv03973 |
| October 10, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 8 Memorandum of Law re #4 Order for Prisoner State Record, #5 Order,,,, DESCRIBING THE NATURE OF THE DISMISSAL OF PETITIONERS STATE COURT POST-CONVICTION PETITION by DA - Philadelphia County Notice Only Party to Accept Service, THOMAS S. MCGINLEY, PA - Attorney General Notice Only Party to Accept Service, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA. (Attachments: #1 Exhibit Ex. 1: 3/17/22 Petition, #2 Exhibit Ex. 2: 9/27/23 Rule 907 Notice, #3 Exhibit Ex. 3: 10/2/23 Response to 907 Notice, #4 Exhibit Ex. 4: 10/3/23 Memorandum, #5 Exhibit Ex. 5: 10/17/23 Order of Dismissal, #6 Exhibit Ex. 6: 10/17/23 Opinion, #7 Exhibit Ex. 7: Criminal Docket CP-51-CR-0005100-2013) (Green, Zachary) |
| MAILED OUT ORDER ENTRY #7 TO PETITIONER ON 11/21/23. (jaa, ) |
Filing 7
ORDER THAT PETITIONERS MOTION TO DISMISS (ECF NO. 6) IS DENIED WITHOUT PREJUDICE TO PROMPTLY FILING A NOTICE OF VOLUNTARY DISMISSAL IF PETITIONER NO LONGER WISHES TO PURSUE THE HABEAS PETITION (ECF NO. 1) AT THIS TIME WHICH WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE TO TIMELY RENEW WHEN PETITIONER IS PREPARED TO PROCEED; 2. THE CLERK OF COURT SHALL FORTHWITH PROVIDE THE DISTRICT ATTORNEYS OFFICE OF PHILADELPHIA WITH A COPY OF THIS ORDER; AND, 3. ALL OTHER ASPECTS OF OUR NOVEMBER 9, 2023 ORDER (ECF NO. 4) REMAIN IN EFFECT. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/20/23.11/20/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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| Filing 6 MEMORANDUM AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION filed by JIBREEL LEWIS.(jaa, ) |
| Copy of order (Doc. #5 ) mailed to plaintiff. (fb) |
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Filing 5
ORDER WE AMEND THE DISTRICT ATTORNEYS OBLIGATIONS UNDER OUR OCTOBER 17, 2023 ORDER (ECF NO. 4); THE DISTRICT ATTORNEY FOR PHILADELPHIA COUNTY SHALL FILE: A. A MEMORANDUM NOT EXCEEDING THREE PAGES DESCRIBING THE NATURE OF THE SEPTEMBER 27, 2023 DISMISSAL OF PETITIONERS SECOND POST-CONVICTION PETITION (APPARENTLY IN THE NATURE OF A STATE HABEAS PETITION) INCLUDING ATTACHING THE SEPTEMBER 27, 2023 DISMISSAL BY NO LATER THAN NOVEMBER 29, 2023; AND, B. AN ANSWER AND MEMORANDUM SPECIFICALLY ADDRESSING WHETHER THE PETITION IS TIME BARRED OR CAN PROCEED UNDER DOCTRINES OF EQUITABLE TOLLING, WITH ALL SUPPORTING EXHIBITS, NO LATER THAN JANUARY 5, 2024 ABSENT AN INTERVENING ORDER DISMISSING THE PETITION AS UNTIMELY BASED SOLELY ON THE NATURE OF THE SEPTEMBER 27, 2023 DISMISSAL; THE CLERK OF COURT SHALL FORTHWITH PROVIDE THE DISTRICT ATTORNEYS OFFICE OF PHILADELPHIA WITH A COPY OF THE OCTOBER 17, 2023 ORDER (ECF NO. 4); AND THIS ORDER; AND, ALL OTHER ASPECTS OF OUR OCTOBER 17, 2023 ORDER (ECF NO. 4) REMAIN IN EFFECT. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/9/23. 11/9/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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Filing 4
ORDERED THAT THE CLERK OF COURT SHALL FORTHWITH PROVIDE THE DISTRICT ATTORNEY'S OFFICE OF PHILADELPHIA WITH A COPY OF THE PETITION (ECF DOC. NO. 1); AND THE DISTRICT ATTORNEY FOR PHILADELPHIA COUNTY SHALL FILE ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/17/23. 10/17/23 ENTERED AND COPIES MAILED TO PETITIONER AND E-MAILED TO DA PHILADELPHIA COUNTY AND COURT OF COMMON PLEAS PHILADELPHIA COUNTY.(jaa, )
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| MAILED OUT PRO SE GUIDELINES TO PETITIONER ON 10/17/23. (jaa, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 2 Filing fee: $ 5, receipt number 20013866 (jaa, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 20013866.), filed by JIBREEL LEWIS. (Attachments: #1 Exhibit)(jaa, ) |
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