AVERY v. MCGINLEY et al
| MATHIS AVERY, SR. |
| THOMAS MCGINLEY, THE DISTRICT ATTORNEY OF THE COUNTY OF DELAWARE and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv04375 |
| November 6, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| SCOTT W REID |
| 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 December 6, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ORDER THAT: 1. The Office of the District Attorney of the County of Delaware shall enter its appearance on behalf of the respondents upon receipt of this Order.2. Within 45 days of the date of this Order, the Office of the District Attorney of the County of Delaware shall file a specific and detailed answer to the claims in Mr. Averys habeas petition and a supporting legal memorandum pursuant to Rule 5, 28 U.S.C. 2254. All opinions of the Commonwealth Courts will be attached as Exhibits to the Memorandum.3. The Court of Common Pleas for the County of Delaware 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. Mathis Avery, CP-23-CR-0002446-2009 within 45 days of the date of this Order.4. 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 SCOTT W. REID ON 12/5/23. 12/6/23 ENTERED AND COPY MAILED TO AVERY. COPIES FORWARDED TO CCP DELAWARE COUNTY, D.A. OF DELAWARE COUNTY.(fdc) Modified on 12/7/2023 (fdc).
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Filing 7
ORDER THAT: 1. The Office of the District Attorney of the County of Philadelphia shall enter its appearance on behalf of the respondents upon receipt of this Order.2. Within 45 days of the date of this Order, the Office of the District Attorney of the County of Philadelphia shall file a specific and detailed answer to the claims in Mr. Averys habeas petition and a supporting legal memorandum pursuant to Rule 5, 28 U.S.C. 2254. All opinions of the Commonwealth Courts will be attached as Exhibits to the Memorandum.3. The Court of Common Pleas for the County of Philadelphia 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. Mathis Avery, CP-23-CR-0002446-2009 within 45 days of the date of this Order.4. 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 SCOTT W. REID ON 12/5/23. 12/6/23 ENTERED AND COPY MAILED TO AVERY. COPIES FORWARDED TO CCP PHILADELPHIA COUNTY, D.A. OF PHILADELPHIA COUNTY.(fdc)
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Order #6 mailed to Avery. (fdc)
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Filing 6
ORDER THAT PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS #5 IS GRANTED. THE PETITION IS REFERRED TO THE HON. SCOTT W. REID, U.S. MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/5/23. 12/5/23 ENTERED AND COPY MAILED TO AVERY. COPIES PROVIDED TO DELAWARE COUNTY D.A.'S OFFICE AND PA. ATTORNEY GENERAL'S OFFICE.(fdc)
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| Filing 5 MATHIS AVERY, SR. APPLICATION TO PROCEED IN FORMA PAUPERIS.(JL) |
| Filing 4 Prisoner Trust Fund Account Statement by MATHIS AVERY, SR. (JL) |
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Filing 3
ORDER THAT THE CLERK OF COURT SHALL FORTHWITH FURNISH MR. AVERY (AT HIS ADDRESS ON HIS PETITION) WITH A BLANK COPY OF THE COURT'S CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THIS CASE'S CIVIL ACTION NUMBER. MR. AVEORDER THAT THE CLERK OF COURT SHALL FORTHWITH FURNISH MR. AVERY (AT HIS ADDRESS ON HIS PETITION) WITH A BLANK COPY OF THE COURT'S CURRENT APPLICATION TO PROCEED IN FORMA PAUPERIS (SHORT FORM) BEARING THIS CASE'S CIVIL ACTION NUMBER. MR. AVERY MAY SEEK LEAVE TO PROCEED IN FORMA PAUPERIS IF HE CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/8/23. 11/8/23 ENTERED. COPY OF ORDER AND SHORT FORM IFP MAILED TO AVERY. (fdc)
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| Filing 2 PRO SE NOTICE RE:GUIDELINES. MAILED TO AVERY. (fdc) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by MATHIS AVERY, SR. *FILING FEE NOT PAID/IFP NOT FILED* (Attachments: #1 Exhibit)(fdc) |
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