Harris v. Commonwealth of Pennsylvania
| Keeba Harris |
| Commonwealth of Pennsylvania and Pennsylvania Attorney General's Office |
| 1:2023cv02150 |
| December 28, 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 9 REQUEST/Petition to Expedite Petitioner's Application for Writ of Habeas Corpus due to Absence of Available State Corrective Process 28 USCS 2254(b)(1)(B) filed by Keeba Harris. (Attachments: #1 Exhibit A, #2 Exhibit B) (ibr) |
| Filing 8 RESPONSE filed by Keeba Harris to #7 Show Cause Order. (ibr) |
Filing 7
ORDER - it is hereby ORDERED that on or before February 17, 2024, petitioner shall show cause, if there is any, as to why this petition should not be dismissed without prejudice for failure to exhaust state court remedies. Petitioners response to this order shall not exceed fifteen (15) pages in length. Signed by Honorable Christopher C. Conner on 1/17/2024. (mw)
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| Filing 6 EXHIBIT by Keeba Harris. (Attachments: #1 Exhibit 2)(rw) |
| Filing 5 Mail Returned #4 as Undeliverable. Mail sent to Keeba Harris. Re-mailed Doc. #4 to updated address on docket. (ao) |
| DOCKET ANNOTATION: Docket updated with address listed on Petition #1 , SCI-Cambridge. Document #4 sent to Keeba Harris at new address. (ll) |
| Filing 4 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) |
| Filing 3 Case transferred electronically in from District of New York Southern; Case Number 1:23-cv-10901 containing electronic documents. |
| MAILING RECEIPT: Document No: 2. Mailed to: Keeba Harris PE6819 SCI Cambridge 451 Fullerton Avenue Cambridge Springs, PA 16403-1238. (sha) [Transferred from New York Southern on 12/28/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Pennsylvania.(tg) [Transferred from New York Southern on 12/28/2023.] |
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Filing 2
TRANSFER ORDER: Because Petitioner was convicted and sentenced in Pikes County, which is located in the Middle District of Pennsylvania, this action is transferred under 28 U.S.C. 2241(d) and Local Rule 83.3 to the United States District Court for the Middle District of Pennsylvania.1 See, e.g., Marcy v. Warden, SCI Graterford, No. 17-CV-49 (JPH), 2017 WL 780887, at *2 (E.D. Pa. Jan. 25, 2017) (transferring a 2254 petition challenging the petitioners underlying conviction to the district of conviction).The Clerk of Court is respectfully directed to transfer this action to the United States District Court for the Middle District of Pennsylvania. This order closes this case.Because Petitioner has not at this time made a substantial showing of the denial of aconstitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253.The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/21/2023) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/28/2023.]
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. (Filing Fee $ 5.00, Receipt Number 24448)Document filed by Keeba Harris. (Attachments: #1 Exhibit Part 2, #2 Exhibit Receipt).(rdz) [Transferred from New York Southern on 12/28/2023.] |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from New York Southern on 12/28/2023.] |
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