Smith, Jr. v. Rokosky
Petitioner: David W. Smith, Jr.
Respondent: Warden Erik Rokosky
Case Number: 1:2023cv00120
Filed: January 23, 2023
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: SM
Referring Judge: Yvette Kane
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 16, 2023 Filing 6 RESPONSE TO PETITION FOR HABEAS CORPUS by Warden Erik Rokosky by Warden Erik Rokosky. (Attachments: #1 Exhibit(s) Ex_1_and_Attachs_A_B, #2 Unpublished Opinion(s))(Swauger, Melissa)
March 2, 2023 Filing 5 SHOW CAUSE ORDER and Petition/Memorandum of Law served on U.S. Attorney's Office 3/2/23. (dmn)
March 1, 2023 Opinion or Order Filing 4 ORDER TO SHOW CAUSE - IT IS ORDERED THAT: 1. Petitioners 2241 petition (Doc. No. 1) is DEEMED FILED; 2. 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; 3. The Clerk of Court is directed to serve a copy of the petition (Doc. No. 1), memorandum of law in support thereof (Doc. Nos. 2, 2-1), and this Order on Respondent and the United States Attorney and to note the address of the United States Attorney on the front of the docket sheet in this case. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 3/1/23. (dmn)
January 24, 2023 Receipt of payment from DAVID W SMITH JR in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 1/23/2023. Receipt number 111100554 processed by SH. (jjs)
January 23, 2023 Filing 3 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp)
January 23, 2023 Filing 2 MEMORANDUM OF LAW in support of Ground One by David W. Smith, Jr.. (Attachments: #1 Memorandum of Law in Support of Ground Two, #2 Exhibits List, #3 Exhibit 1-First Step Act of 2018 Text, (14 pages), #4 Exhibit 2-18 U.S.C. 924(c)(1) (1 page), #5 Exhibit 3-U.S.S.G. Section 5G1.2 Sentencing on Multiple Counts of Conviction, (1- Page ) Lexis Nexis Law Dictionary (1 page), #6 Exhibit 4-Judgment in a Criminal Case, (6 pages), #7 Exhibit 5-Sentence Monitoring Computation Data (3 pages), #8 Exhibit 6-Federal Bureau of Prisons, Program Statement, 5880.28, Sentence Computation Manual (6 pages), #9 Exhibit 7-Inmate Education Data Transcript (4 pages))(lp)
January 23, 2023 Filing 1 PETITION for Writ of Habeas Corpus, filed by David W. Smith, Jr..(lp)

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Petitioner: David W. Smith, Jr.
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Respondent: Warden Erik Rokosky
Represented By: George Michael Thiel
Represented By: Joseph J Terz
Represented By: Melissa Swauger
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