CLARY v. BRITTAIN et al
| MASON CLARY |
| KATHY J. BRITTAIN, THE DISTRICT ATTORNEY OF THE COUNTY OF MONTGOMERY and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2024cv00569 |
| February 5, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| CRAIG M STRAW |
| 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 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| MAILED OUT ORDER ENTRY #10 TO PETITIONER ON 3/27/24. (jaa, ) |
Filing 10
ORDERED THAT: 1. THE DISTRICT ATTORNEY OF MONTGOMERY COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS WITHIN SIXTY (60) 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 OR SHE 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. PETITIONER MAY, IF HE CHOOSES, FILE A REPLY TO THE RESPONDENTS ANSWER WITHIN THIRTY (30) DAYS FROM THE DATE RESPONDENTS ANSWER IS FILED. 3. THE PROTHONOTARY, CLERK OF COURT, OR OFFICE OF JUDICIAL SUPPORT OF MONTGOMERY 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. CLARY, CP-46-CR-0003216-2018, COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER.. SIGNED BY MAGISTRATE JUDGE CRAIG M. STRAW ON 3/25/2024. 3/26/2024 ENTERED AND COPIES E-MAILED TO COUNSEL AND PROTHONOTARY MONTGOMERY COUNTY. NOT MAILED TO PRO SE.(sg)
|
| Filing 9 NOTICE of Appearance by ROBERT M. FALIN on behalf of KATHY J. BRITTAIN, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF THE COUNTY OF MONTGOMERY with certificate of service(FALIN, ROBERT) |
|
Filing 8
ORDERED THAT WE REFER THE PETITION TO MAGISTRATE JUDGE CRAIG M. STRAW FOR A REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL PROVIDE THE MONTGOMERY COUNTY DA'S OFFICE AND THE PA OFFICE OF AG WITH A COPY OF THE PETITION. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 3/21/2024. 3/22/2024 ENTERED AND COPIES E-MAILED TO MONT DA, AND PA OFFICE OF AG. MAILED TO PRO SE.(sg)
|
|
Filing 7
ORDERED THAT WE VACATE OUR 3/13/2024 DISMISSAL ORDER (DOC. 4) AND PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS (DOC. 5) IS GRANTED. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 3/21/2024.3/21/2024 ENTERED AND COPIES MAILED TO PRO SE.(sg)
|
| Filing 6 Prisoner Trust Fund Account Statement by MASON CLARY. (afm) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by MASON CLARY..(afm) |
| DOC. 4 MAILED TO PRO SE. (sg) |
|
Filing 4
ORDERED THAT THIS MATTER IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND THE CLERK OF COURT SHALL CLOSE THIS MATTER. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 3/13/2024. 3/13/2024 ENTERED AND COPIES NOT MAILED TO PRO SE.(sg)
|
|
Filing 3
ORDERED THAT THE CLERK OF COURT SHALL FURNISH MR. CLAY WITH A BLANK IFP SHORT FORM. ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/8/2024. 2/8/2024 ENTERED AND COPIES MAILED AND E-MAILED. BLANK IFP SHORT FORM MAILED TO PRO SE.(sg)
|
| Filing 2 PRO SE NOTICE RE:GUIDELINES. MAILED TO CLARY. (fdc) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by MASON CLARY. *IFP NOT FILED/FILING FEE NOT PAID*(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.
