Davis v. Hartye et al
| Damion G.V. Davis |
| Judge Alice Hartye, Mary Ellen Withrow, Kevin McAleenan and Simona Flores |
| 1:2020cv00259 |
| February 13, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Karoline Mehalchick |
| Jennifer P Wilson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 9 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Damion G.V. Davis, Simona Flores, Alice Hartye, Kevin McAleenan, Mary Ellen Withrow YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 5/1/2020 (Attachments: #1 Respondents' Direct Consent Form) (cw) |
VERBAL ORDER by Chief Judge Christopher C. Conner - Case Reassigned to Honorable Jennifer P. Wilson and referred to Magistrate Judge Karoline Mehalchick as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc)
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| Filing 8 RESPONSE by Simona Flores, Alice Hartye, Kevin McAleenan, Mary Ellen Withrow to #7 Order to Show Cause,,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,,, . (Attachments: #1 Exhibit(s))(Sanderson, Joanne) |
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Filing 7
ORDER TO SHOW CAUSE; granting #2 Motion for Leave to Proceed in forma pauperis - AND NOW, this 10th day of March, 2020, IT IS HEREBY ORDERED THAT:1. Daviss complaint (Doc. 1) is converted to a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. 2241. 2. Daviss motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED, and the petition is deemed filed. 3. The Court exercises its discretion under Rule 1(b) of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. 2254, to apply those rules to this 2241 petition. 4. The Clerk is directed to serve a copy of the Petition (Doc. 1) and this Order on, Clair Doll, Warden of York County Prison,2 and on the United States Attorney, and to note the address of the United States Attorney on the front of the docket sheet in this case. All documents filed by the parties and by the Court shall be served upon the United States Attorney. See Rule 4, 28 U.S.C. foll. 2254. 5. On or before March 31, 2020, the Respondent shall file an answer, motion, or other response to the allegations of the petition. See Rule 4, 28 U.S.C. foll. 2254; Rule 5, 28 U.S.C. foll. 2254. 6. The Petitioner shall, if he so desires, file a reply to the Respondents answer or other pleading within fourteen (14) days after its service. See Rule 5(e), 28 U.S.C. foll. 2254. 7. A determination as to whether or not the petitioner shall be produced for a hearing will be held in abeyance pending the filing of the Respondents answer or other pleading. Show Cause Response due by 3/31/2020. Signed by Magistrate Judge Karoline Mehalchick on 3/10/2020. (cw)
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| DOCKET ANNOTATION: As per Magistrate Judge Mehalchick's Order (Doc. 7), this action is now a 2241 habeas corpus action. (lp) |
| Filing 6 U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (ep) |
| Filing 5 STANDING PRACTICE ORDER (Attachments: #1 285 Service Packet with IFP Notice)(mfa) |
| Filing 4 PRO SE LETTER ISSUED (mfa) |
| Filing 3 U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (mfa) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Damion G.V. Davis.(mfa) Modified on 2/18/2020 (lp). See attached "certification" by York County Prison. |
| Filing 1 PETITION against All respondents lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Damion G.V. Davis.(mfa) (Main Document 1 replaced on 2/19/2020) (lp). Modified on 3/31/2020 (lp). |
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