BRINKLEY v. IRWIN et al
| ALBERT BRINKLEY |
| RANDY IRWIN, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv04913 |
| December 11, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| NITZA I QUINONES ALEJANDRO |
| LYNNE A SITARSKI |
| 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 January 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 10 NOTICE of Appearance by CARI L. MAHLER on behalf of RANDY IRWIN, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA (MAHLER, CARI) |
Filing 9
ORDER THAT PETITIONERS MOTION IS GRANTED. THIS MATTER IS STAYED PENDING THE RESOLUTION OF PETITIONERS ONGOING STATE COURT POST-CONVICTION PROCEEDINGS FOR HIM TO PROPERLY EXHAUST HIS CLAIMS. IT IS FURTHER ORDERED THAT WITHIN SEVEN DAYS OF THE COMPLETION OF PETITIONERS STATE COURT POST-CONVICTION PROCEEDINGS, THE COMMONWEALTH SHALL FILE A STATUS UPDATE WITH THE COURT. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 1/25/24.1/26/24 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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Order #9 mailed to Brinkley. (fdc)
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| Filing 8 Praecipe for Entry of Appearance by THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA. (MAHLER, CARI) |
| Filing 7 MOTION FOR STAY AND ABEYANCE filed by ALBERT BRINKLEY.Motions referred to LYNNE A. SITARSKI.(jaa, ) |
| Filing 6 State Court record received from Court of Common Pleas of Philadelphia County. (Attachments: #1 Exhibits, #2 Secured)(CCP - Philadelphia County cr, ) |
| EMAILED ORDER ENTRY #5 TO COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY ON 12/20/23. (jaa, ) |
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Filing 5
ORDER THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS BY FEBRUARY 5, 2024, PURSUANT TO RULE 5, 28 U.S.C. 2254. 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 DECEMBER 1, 2009. SHOULD PETITIONER WISH TO FILE A REPLY TO THE RESPONDENT'S ANSWER, HIS REPLY SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER SERVICE OF THE ANSWER. 2. THE PROTHONOTARY OF PHILADELPHIA/CLERK OF COURTS 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. ALBERT BRINKLEY, CP-51-CR-0014120-2011, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA BY FEBRUARY 5, 2024. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 12/20/23. 12/20/23 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED. (jaa, ) Modified on 12/22/2023 (jaa, ).
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Filing 4
ORDER THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE LYNNE A. SITARSKI, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; 2. 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 3. THE CLERK OF COURT IS DIRECTED TO PROVIDE THE PHILADELPHIA COUNTY DISTRICT ATTORNEYS OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL WITH A COPY OF THE PETITION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 12/14/23. 12/15/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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| Copy of order #4 mailed to pro se ALBERT BRINKLEY. (afm) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 2 Filing fee: $ 5, receipt number 20015549 (jaa, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 20015549.), filed by ALBERT BRINKLEY.(jaa, ) |
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