DEYO v. THE PEOPLE OF THE COMMONWEALTH OF PENNSYLVANIA
| NICHOLAS FRANCIS DEYO |
| THE PEOPLE OF THE COMMONWEALTH OF PENNSYLVANIA and DISTRICT ATTORNEY FOR LANCASTER COUNTY |
| 5:2023cv02733 |
| July 14, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| GENE EK PRATTER |
| 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 October 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Copy of Doc. 7 mailed to Pro Se. (mas) Modified on 9/1/2023 (mas). |
| Filing 8 ***(Court Only) Civ624 Notice to the Court regarding Report and Recommendation.(mas) |
| Filing 7 REPORT AND RECOMMENDATIONS THAT MR. DEYOS HABEAS PETITION BE DISMISSED WITHOUT PREJUDICE TO ALLOW HIM THE OPPORTUNITY TO EXHAUST HIS STATE COURT REMEDIES. IN ADDITION, I RECOMMEND THAT NO CERTIFICATE OF APPEALABILITY ISSUE BECAUSE JURISTS OF REASON WOULD NOT DEBATE MY RECOMMENDATION TO DISMISS THE PETITION. SLACK V. MCDANIEL, 529 U.S. 473, 484 (2000). THE PARTIES MAY FILE OBJECTIONS TO THIS REPORT AND RECOMMENDATION WITHIN FOURTEEN DAYS OF BEING SERVED A COPY OF IT. SEE LOCAL R. CIV. P. 72.1. AN OPPOSING PARTY MAY RESPOND FOURTEEN DAYS AFTER BEING SERVED THE OBJECTIONS. ID. FAILURE TO TIMELY FILE OBJECTIONS MAY CONSTITUTE A WAIVER OF ANY APPELLATE RIGHTS. SEE LEYVA V. WILLIAMS, 504 F.3D 357, 364 (3D CIR. 2007). SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 8/30/23. (Attachments: #1 order) 8/31/23 ENTERED AND COPIES NOT MAILED TO PRO SE.(mas) Modified on 9/1/2023 (mas). |
| MAILED OUT ORDER ENTRY #6 TO PETITIONER ON 8/29/23. (jaa, ) |
Filing 6
ORDER THAT LEAVE TO PROCEED INFORMA PAUPERIS IS GRANTED; THE ABOVE CAPTIONED CASE IS REFERRED TO THE HONORABLE PAMELA A. CARLOS 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 STALES 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 LANCASTER COUNTY DISTRICT ATTORNEY'S OFFICE AND THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL WITH A COPY OF THE PETITION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/23/23. 8/28/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PETITIONER. (jaa, )
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| Filing 5 Prisoner Trust Fund Account Statement by NICHOLAS FRANCIS DEYO. (Attachments: #1 ENVELOPE)(er) |
| Filing 4 APPLICATION FOR PRISONERS TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by NICHOLAS FRANCIS DEYO. (ENVELOPE ATTACHED). (er) (Attachments: #1 ENVELOPE) |
| Copy of Doc. 3 and IFP form mailed to pro se. (mas) |
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Filing 3
ORDER THAT PETITIONER HAVING SUBMITTED A PETITION FOR WRIT OF HABEAS CORPUS 2241 WITHOUT EITHER PAYING THE FEE OR FILING A MOTION TO PROCEED IN FORMA PAUPERIS, A BLANK COPY OF THE APPLICATION TO PROCEED IN FORMA PAUPERIS ALONG WITH THIS ORDER WILL BE MAILED TO PETITIONER. PETITIONER MUST WITHIN 30 DAYS PAY THE REQUIRED $5 FILING FEE OR COMPLETE AND RETURN THE APPLICATION TO PROCEED IN FORMA PAUPERIS WITH PRISONER ACCOUNT STATEMENT. IF PETITIONER FAILS TO COMPLY WITH THIS ORDER, THE PETITION MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 7/21/23. 7/21/23 ENTERED AND COPIES (COPIES NOT MAILED TO PRO SE.) (er)
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| Filing 2 PRO SE NOTICE RE:GUIDELINES (mas) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by NICHOLAS FRANCIS DEYO. NO IFP FILED. NO FEE PAID. ENVELOPE INCLUDED. (mas) |
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