KREIS v. PENCHISHEN et al
| AUGUST B. KREIS, IV |
| DAVID J. PENCHISHEN, JAMES C. KOSTURA and NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE |
| 5:2022cv04943 |
| December 9, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on January 25, 2023. A more recent docket listing may be available from PACER.
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Filing 12
ORDER THAT JUDGE LLORET'S JANUARY 5, 2023 REPORT AND RECOMMENDATION #11 IS APPROVED; WE GRANT PETITIONER'S UNCONTESTED MOTION TO DISMISS #10 ; WE DENY THE PETITION FOR WRIT OF HABEAS CORPUS #1 AS MOOT; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY AS NO JURIST OF REASON COULD DISAGREE WITH OUR REASONING DENYING PETITIONER'S CLAIMS CHALLENGING HIS PRE-TRIAL DETENTION ARE RENDERED MOOT BY HIS CONVICTION AND HIS MOTION TO DISMISS; AND, THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/23.1/25/23 ENTERED AND COPIES E-MAILED, MAILED TO PRO SE.(bw)
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| DOC. NO. #11 MAILED TO PRO SE ON 1/6/23. (amas) |
| Set/Reset Deadlines as to #11 REPORT AND RECOMMENDATIONS re #2 Petition for Writ of Habeas Corpus filed by AUGUST B. KREIS, IV. OBJECTIONS TO R&R DUE BY 1/20/2023 (tjd) |
| Filing 11 REPORT AND RECOMMENDATIONS re #2 Petition for Writ of Habeas Corpus filed by AUGUST B. KREIS, IV. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 1/5/23. (Attachments: #1 PROPOSED JUDGMENT, #2 PROPOSED ORDER, #3 CIV623 RR NOTICE) 1/6/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO PRO SE.(bw) |
| Filing 10 MOTION TO DISMISS PRETRIAL FEDERAL WRIT OF HABEAS CORPUS filed by AUGUST B. KREIS, IV.Motions referred to RICHARD A. LLORET.(bw) |
| Filing 9 Response by NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE. (KULIK, REBECCA) |
| Filing 8 NOTICE of Appearance by REBECCA J. KULIK on behalf of NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE with Certificate of Service(KULIK, REBECCA) |
| Filing 7 NOTICE of Appearance by KATHARINE R. KURNAS on behalf of NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE with Certificate of Service(KURNAS, KATHARINE) |
| COPY OF DOC. NO. 5 AND 6 HAS BEEN E-MAILED TO THE NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL. (tjd) |
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Filing 6
ORDER THAT THE NORTHAMPTON COUNTY DISTRICT ATTORNEYS OFFICE SHALL ENTER THEIR APPEARANCE ON BEHALF OF THE RESPONDENTS UPON RECEIPT OF THIS ORDER. BOTH MR. KREIS AND THE COMMONWEALTH SHALL FILE A RESPONSE TO MY ORDER ADDRESSING WHETHER A STAY SHOULD BE ENTERED IN LIGHT OF PENDING STATE COURT MATTERS FOR EACH DOCKET1 ADDRESSED IN MR. KREIS PETITION. THE RESPONSE SHOULD BE NO MORE THAN FIVE PAGES. BOTH PARTIES SHALL HAVE THROUGH JANUARY 3, 2023 TO FILE A RESPONSE. AS REQUIRED BY 18 U.S.C. 3771(B)(2), THE COMMONWEALTH SHALL ENSURE THAT IN A FEDERAL HABEAS CORPUS PROCEEDING ARISING OUT OF A STATE CONVICTION, ANY CRIME VICTIMS ARE AFFORDED THEIR RIGHTS UNDER THE CRIME VICTIMS ACT, AS AMENDED JULY 27, 2006. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 12/20/22. 12/20/22 ENTERED AND COPIES MAILED TO PRO SE.(bw) Modified on 12/21/2022 (tjd).
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| COPY OF DOC. NO. 5 HAS BEEN MAILED TO PRO SE. (bw) |
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Filing 5
ORDER THAT THE PETITIONER' S MOTION TO PROCEED IN FORMA PAUPERIS #1 IS GRANTED; WE REFER THE PETITION TO THE HONORABLE RICHARD A. LLORET, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION; UNDER LOCAL CIVIL RULE 72.L.I V(C), ALL ISSUES AND EVIDENCE SHALL BE PRESENTED TO JUDGE LLORET, AND NEW ISSUES AND EVIDENCE SHALL NOT BE RAISED AFTER THE FILING OF THE REPORT AND RECOMMENDATION IF THEY COULD HAVE BEEN PRESENTED TO JUDGE LLORET;.AND, THE CLERK OF COURT SHALL PROVIDE THE NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL WITH A COPY OF THE PETITION. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/19/22. Motions referred to RICHARD A. LLORET. 12/19/22 ENTERED AND COPIES NOT MAILED TO PRO SE.(bw)
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| COPY OF DOC. NO. 2 HAS BEEN E-MAILED TO THE NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL (bw) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (mas) |
| Filing 3 Prisoner Trust Fund Account Statement by AUGUST B. KREIS, IV. (mas) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by AUGUST B. KREIS, IV. IFP FILED. NO FEE PAID. (Attachments: #1 EXHIBITS)(mas) |
| Filing 1 MOTION FOR PRISONER TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSS FILED BY AUGUST B. KREIS, IV..(mas) |
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