Harris v. Commonwealth of Pennsylvania et al
| Kenneth Harris |
| Commonwealth of Pennsylvania, SCI Rockview Prison, Pennsylvania Attorney General and Superintendent of SCI Rockview |
| 1:2023cv01691 |
| October 11, 2023 |
| US District Court for the Middle District of Pennsylvania |
| LT |
| Christopher C Conner |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 12 MOTION to Dismiss 2254 Habeas Petition without prejudice as premature where petitioner/defendant raises four claims for 2254 review that were not raised on Direct Appeal, and over 10 months of time remains to file a timely Post Conviction Relief Act (PCRA) Petition by Commonwealth of Pennsylvania, Pennsylvania Attorney General, SCI Rockview Prison, Superintendent of SCI Rockview. (Attachments: #1 Appendix Common Pleas Docket Sheet CP-67-CR-0004733-2019, #2 Appendix sentencing order, #3 Appendix trial Court's 1925(a) opinion, #4 Appendix Superior Court Direct Appeal opinion 851 MDA 2022, #5 Appendix PA Supreme Court Order denying Allocatur 122 MAL 2023)(Zamkotowicz, James) |
| Filing 11 STATEMENT OF FACTS filed by Kenneth Harris.(aaa) |
| Filing 10 Letter to Court from Kenneth Harris re case. (Attachments: #1 Supplement) (aaa) |
Filing 9
ORDER - it is hereby ORDERED that the Clerk of Court is directed to terminate SCI-Rockview, the Attorney General of Pennsylvania, and the Commonwealth of Pennsylvania as respondents in this action and to substitute the Superintendent of SCI-Rockview as the named respondent. The Clerk of Court is directed to serve a copy of the petition (Doc. 1) all attachments to the petition (Docs. 1-1, 1-2, 1-3), and this order on respondent and the District Attorney of York County. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 10/30/2023. (mw)
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| Filing 8 NOTICE OF ELECTION by Kenneth Harris. (aaa) |
| Filing 7 Letter to Court from Kenneth Harris re case. (aaa) |
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Filing 6
ORDER - it is hereby ORDERED that petitioner is GRANTED leave to elect, within forty-five (45) days of the date of this order, to withdraw the petition or to have the petition construed and ruled upon under 28 U.S.C. 2254. Signed by Honorable Christopher C. Conner on 10/16/2023. (mw)
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Christopher C. Conner on 10/16/2023 (mw)
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| Filing 4 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 AO 85 Notice & Consent Form) (ea) |
| Filing 3 CERTIFIED Prisoner Trust Fund Account Statement by Kenneth Harris. (ea) |
| Filing 2 CERTIFIED MOTION for Leave to Proceed in forma pauperis by Kenneth Harris. (ea) |
| Filing 1 PETITION for Writ of Habeas Corpus lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Kenneth Harris. (Attachments: #1 Supplement to Petition, #2 Brief Statement of Facts, #3 Evidence) (ea) |
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