Pagan v. Capozza et al
| Xavier Jason Pagan |
| Mark Capozza, District Attorney of Berks County and Pennsylvania Attorney General's Office |
| 1:2021cv01804 |
| October 22, 2021 |
| US District Court for the Middle District of Pennsylvania |
| LT |
| Yvette Kane |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that the Petition for Writ of HC is DISMISSED WITH PREJUDICE. 2 A certificate of appealability shall not issue. 3. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 11/30/2021. SEE MEMO AND ORDER FOR DETAILS. (sc)
|
| Filing 7 MEMORANDUM (Order to follow as separate docket entry) re #1 Petition for Writ of Habeas Corpus filed by Xavier Jason Pagan. Signed by Honorable Yvette Kane on 11/30/2021. (sc) |
| Filing 6 RESPONSE filed by Xavier Jason Pagan to #4 Order. (pjr) |
| DOCKET ANNOTATION: Petitioner's address updated on docket; Doc. 4 resent to Petitioner. (gs) |
| Filing 5 Mail Returned as Undeliverable. Mail sent to Xavier Jason Pagan (Correspondence from LP re: receipt of petition and enclosing notice form). (dw) |
|
Filing 4
ORDER - AND NOW, on this 29th day of October 2021, upon consideration of pro se Petitioner Xavier Jason Pagan (Petitioner)s petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 (Doc. No. 1), and observing that it appears that the petition may be barred by the statute of limitations, see United States v. Bendolph, 409 F.3d 155, 169 (3d Cir. 2005) (concluding that district courts may sua sponte raise the one-year statute of limitations set forth in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA), provided that the petitioner is provided notice and an opportunity to respond), IT IS ORDERED THAT within twenty-one (21) days of the date of this Order, Petitioner shall show cause, if there is any, as to why this case should not be dismissed as untimely. Signed by Honorable Yvette Kane on 10/29/21. (dmn)
|
| DOCKET ANNOTATION: Doc. Nos. 4 and 5 deleted at request of chambers due to legal error. (dmn) |
| Receipt of payment from Xavier Joseph Pagan KW8620 in the amount of $5.00 for WRIT OF HABEAS CORPUS. Transaction posted on 10/22/2021. Receipt number 333078463 processed by epetrosk. (jjs) |
| Filing 3 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) |
| Filing 2 MEMORANDUM OF LAW by Xavier Jason Pagan. (Attachments: #1 Exhibit A-Transcript of Sentencing Hearing (Berks County Court) dadted January 28, 2013, #2 Exhibit B-Criminal Docket Sheet (Case Financial Information) Berks County Court Case No. CP-06-CR-0004619-2012, #3 Exhibit C-Court Commitment for Petitioner, #4 Exhibit D-Commonwealth of Pennsylvania Sentence Status Summary)(lp) (Additional attachment(s) added on 10/22/2021: #5 Exhibit E-Information from Criminal Divison of Berks County, #6 Exhibit F-Pennsylvania Commission on Sentencing Guideline Determination) (lp). |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number 333), filed by Xavier Jason Pagan.(lp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
