SARIK v. MCGINLEY et al
| RATTANAK M. SARIK |
| TOMAS MCGINLEY, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2023cv05043 |
| December 18, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| ELIZABETH T HEY |
| CHAD F KENNEY |
| 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 February 8, 2024. A more recent docket listing may be available from PACER.
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Filing 7
ORDER THAT THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS WITHIN THIRTY (30) 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. 2. 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. SARIK, CP-51-CR-0005041- 2014, COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. 3. THE CLERK OF COURT SHALL SERVE A COPY OF THIS ORDER ON THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 2/8/24. 2/8/24 ENTERED AND COPIES MAILED TO PETITIONER AND E-MAILED/EMAILED TO COURT OF COMMON PLEAS PHILADELPHIA COUNTY.(jaa, )
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| Filing 6 Letter dated 12/24/23 by RATTANAK M. SARIK. (Attachments: #1 RESPONSE)(jaa, ) |
| COPY OF DOC. NO. 5 HAS BEEN E-MAILED TO THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY. (bw) |
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Filing 5
ORDER THAT THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA IS ADDED AS A PARTY RESPONDENT AND THE CAPTION IS HEREBY SO AMENDED. THE THE DISTRICT ATTORNEY OF 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. Sarik, COURT OF COMMON PLEAS OF PHILADELPHIA,CP-51-CR-0005041-2014 WITHIN 20 DAYS OF THE DATE OF THIS ORDER. PRISONER STATE RECORD DUE BY 1/20/2024. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 12/21/23. 12/21/23 ENTERED AND COPIES MAILED TO PRO SE.(bw) Modified on 12/22/2023 (bw).
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Filing 4
ORDER THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE ELIZABETH T. HEY, 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 CHAD F. KENNEY ON 12/21/23. 12/21/23 ENTERED AND COPIES MAILED TO PRO SE.(bw)
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| COPY OF DOC. NO. 1 AND 4 HAVE BEEN E-MAILED TO THE PHILADELPHIA COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL. (bw) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 2 Filing fee: $ 5, receipt number 20015789 (jaa, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 20015789.), filed by RATTANAK M. SARIK. (Attachments: #1 Exhibit)(jaa, ) |
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