Fleming v. Finley et al
| James Fleming |
| Michael Carvajal and Scott J. Finley |
| 1:2021cv00385 |
| March 2, 2021 |
| US District Court for the Middle District of Pennsylvania |
| Martin C Carlson |
| Sylvia H Rambo |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 10 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by James Fleming - IT IS RECOMMENDED that the Petition and motion both be DENIED. In addition, since the petitioner has not demonstrated a substantial showing of the denial of a constitutional right. It is also recommended that a certificate of appealability should not issue. Further, since Fleming, a pro se inmate litigant, cannot serve as a class representative, this class certification proposal does not meet the mandatory threshold consideration that the representative party will fairly and adequately protect the interests of the class, and this pro se request for class certification should be DENIED. Objections to R&R due by 5/11/2021. Signed by Magistrate Judge Martin C. Carlson on April 27, 2021. (kjn) |
| Filing 9 TRAVERSE by James Fleming to #8 Response to Petition for Habeas Corpus. (Attachments: #1 Exhibit(s))(aaa) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Sylvia H. Rambo and referred to Magistrate Judge Martin C. Carlson as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
| Filing 8 RESPONSE TO PETITION FOR HABEAS CORPUS by Scott J. Finley by Scott J. Finley. (Attachments: #1 Exhibit(s), #2 Unpublished Opinion(s))(Thiel, George) |
| Filing 7 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Michael Carvajal, Scott J. Finley, James Fleming 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 4/15/2021. (kjn) |
| Filing 6 SHOW CAUSE ORDER and Petition Served on USA Office Hbg by Personal. (ibr) |
Filing 5
ORDER - IT IS ORDERED that: 1. The clerk shall serve a copy of this petition and this order on the Respondent and the Respondent shall show cause on or before March 29, 2021 why the petitioner should not be granted habeas corpus relief.2. A determination as to whether or not the petitioner shall be produced for a hearing will be held in abeyance pending the filing of a response. 3. Petitioner shall, if he so desires, file a reply to the response to theshow cause order within fourteen (14) days of its filing, but not later than April 12, 2021. The Clerk is directed to serve a copy of the petition and this Order on the United States Attorney. Signed by Magistrate Judge Martin C. Carlson on March 8, 2021. (kjn)
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| Receipt of payment from JAMES FLEMING in the amount of $5.00 for WRIT OF HABEAS CORPUS. Transaction posted on 3/5/2021. Receipt number 333075284 processed by smurphy. (jjs) |
| Filing 4 Filing fee: $ 5.00, receipt number 333074285. Petition is now deemed FILED. (ep) |
| Filing 3 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 03/02/2021. (Attachments: #1 IFP (habeas corpus))(lp) |
| Filing 2 PRO SE LETTER ISSUED. (lp) |
| Filing 1 PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by James Fleming. (Attachments: #1 Addendum to Petition)(lp) |
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