BUSH v. THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA et al
| GERALD BUSH |
| THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2024cv00215 |
| January 12, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| HARVEY BARTLE |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 REPORT AND RECOMMENDATION. RE: IT IS RESPECTFULLY RECOMMENDED THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE DISMISSED WITHOUT PREJUDICE WITHOUT THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 3/1/24. (Attachments: #1 Text of Proposed Order) 3/1/24 ENTERED AND COPY MAILED TO BUSH.(fdc) (Additional attachment(s) added on 3/1/2024: #2 R&R Notice) (fdc). |
Filing 7
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE ABOVE-CAPTIONED CASE IS REFERRED TO U.S. MAGISTRATE JUDGE LYNNE A. SITARSKI FOR A REPORT AND RECOMMENDATION. SIGNED BY DISTRICT JUDGE HARVEY BARTLE, III ON 2/23/24. 2/23/24 ENTERED AND COPY MAILED TO BUSH. COPY OF THIS ORDER AND PETITION #2 PROVIDED TO PHILA. COUNTY D.A.'S OFFICE AND THE PA. OFFICE OF ATTORNEY GENERAL.(fdc)
|
| Filing 6 Revised Petition for Writ of Habeas Corpus against THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, filed by GERALD BUSH. *IFP PENDING*(fdc) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by GERALD BUSH..(fdc) |
|
Order #4, 2254 form and Non-Prisoner IFP form mailed to Bush. (fdc)
|
|
Filing 4
ORDER THAT 1. The Petition submitted to this Court contains significant incomplete sections andfails to substantially comply with Rules 2 and 3 of the Rules Governing 2254 Cases, 28U.S.C.A. foll. 2254 (Habeas Rules). Specifically, Bush failed to name the state officer whohas supervisory custody of him pursuant to his sentence, to specify his exact sentence, to providehis current physical address, to specify the state-court case he is challenging, and to provideinformation about how he has exhausted or attempted to exhaust his state remedies regarding hisclaims, as required.12. Although Bush did not provide either his current address or an email address of record, it appears from the state-court records that Bush is not in prison. It also appears thatBush is challenging his conviction and sentence in Commonwealth v. Bush, No. CP-51-CR-0003748-2023 (C.P. Philadelphia), the same state case he challenged in his pretrial habeaspetition pursuant to 28 U.S.C. 2241 in Bush v. City of Philadelphia, Civ. A. No. 23-2198, whenhe was awaiting trial. The Court takes notice from the docket in that case on the state publicdocket website2 indicating that Bushs sentence, imposed on October 31, 2023, is 11 and to 23months of incarceration, with immediate parole, followed by one year of probation via phonereporting. Docket, No. CP-51-CR-0003748-2023. It would thus appear that Bushs address isresidential and not a prison while he serves the remainder of his sentence. That is consistent withthe residential address he provided in Civ. A. No. 23-2198. In the absence of any other addressfor Bush, the Clerk of Court is therefore DIRECTED to specify that Bushs address in this caseis the same as his address of record in that case.3. The Clerk of Court is DIRECTED to send Bush a blank copy of this Courtscurrent standard form for filing a petition pursuant to 28 U.S.C. 2254, bearing the abovecaptionedcivil action number.4. If Bush intends to pursue this matter pursuant to 28 U.S.C. 2254, he shall fullycomplete this courts current standard form, following all the directions; sign the completedpetition; and return it to the Clerk of Court within thirty (30) days of the date of this Order. 5. Leave to proceed in forma pauperis is DENIED WITHOUT PREJUDICEbecause the form petition submitted is only for use by those in custody within a prison and doesnot contain sufficient information for this Court to rule on the request.6. The Clerk of Court is DIRECTED to furnish Bush with a blank copy of the Courts non-prisoner application to proceed in forma pauperis (long form), bearing the abovecivil action number. 7. If Bush seeks to proceed with this case he must, within thirty (30) days of the date of this Order, either (1) pay the required $5 filing fee to the Clerk of Court, or (2) fully complete and return the non-prisoner application to proceed in forma pauperis to the Clerk of Court.8. If Bush fails to comply with this Order, his case may be dismissed without further notice for failure to prosecute. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/23/24.1/23/24 ENTERED. NOT MAILED TO BUSH.(fdc)
|
| Filing 3 PRO SE NOTICE RE:GUIDELINES. NOT MAILED TO BUSH. (Attachments: #1 E-notice Consent Form)(fdc) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by GERALD BUSH. *IFP PENDING* (Attachments: #1 Exhibit)(fdc) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by GERALD BUSH..(fdc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
