MITCHELL v. IRWIN et al
| JAMIR MITCHELL |
| RANDY IRWIN, THE DISTRICT ATTORNEY OF THE COUNTY OF MONTGOMERY and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2024cv01702 |
| April 22, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| JOSEPH F LEESON |
| CRAIG M STRAW |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| MAILED OUT ORDER ENTRY #5 TO PETITIONER ON 5/2/24. (jaa, ) |
| Filing 6 Copy of #5 Order for Record e-mailed to Montgomery County Clerk's Office. (va) |
Filing 5
ORDER THAT 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 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. PETITIONER MAY, IF HE CHOOSES, FILE A REPLY TO THE RESPONDENTS ANSWER WITHIN THIRTY (30) DAYS FROM THE DATE RESPONDENTS ANSWER IS FILED. 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. MITCHELL, CP-46-CR-0007049-2019, 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 4/30/24. 5/1/24 ENTERED AND COPIES E-MAILED. PRO SE PETITIONER NOT MAILED. (va)
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Filing 4
ORDER THAT THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE CRAIG M. STRAW, 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 MONTGOMERY COUNTY DISTRICT ATTORNEYS OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL WITH A COPY OF THE PETITION. SIGNED BY DISTRICT JUDGE JOSEPH F. LEESON, JR ON 4/30/24. 4/30/24 ENTERED AND COPIES MAILED TO PRO SE.(mas)
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| PAPER #3 MAILED TO PRO SE (JL) |
| Filing 3 PRO SE NOTICE RE: GUIDELINES. PRO SE PETITIONER NOT MAILED. (va) Modified on 4/24/2024 (va). |
| Filing 2 Filing fee: $ 5, receipt number 20019534. SCI-FOREST (va) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 20019534.), filed by JAMIR MITCHELL.(va) |
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