Scott v. Commonwealth of Pennyslvania
| Tonia Scott |
| Commonwealth of Pennyslvania |
| 1:2024cv00041 |
| January 10, 2024 |
| 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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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 10
ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that the petition (Doc. 1) for writ of habeas corpus is DISMISSED without prejudice for failure to exhaust state court remedies. A certificate of appealability will not issue because jurists of reason would not debate the correctness of this procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Clerk of Court is directed to CLOSE this case. Signed by Honorable Christopher C. Conner on 2/29/2024. (mw)
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| Filing 9 MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Christopher C. Conner on 2/29/2024. (mw) |
| Filing 8 REQUEST/Petition to Expedite application for writ of habeas corpus filed by Tonia Scott. (Attachments: #1 Exhibit(s))(aaa) |
| Filing 7 RESPONSE filed by Tonia Scott to #6 Show Cause Order. (ibr) |
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Filing 6
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 5 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) Pro Se Letter mailed to petitioner's address on docket and mailed to SCI-Muncy. |
| Filing 4 Case transferred electronically in from District of New York Southern; Case Number 1:23-cv-10902 containing electronic documents. |
| MAILING RECEIPT: Document No: 3. Mailed to: Tonia Scott SCI Muncy 6454 Route 405 P.O. Box 180 Muncy, PA 17756. (mt) [Transferred from New York Southern on 1/10/2024.] |
| 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.(ks) [Transferred from New York Southern on 1/10/2024.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is 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 a constitutional 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Dale E. Ho on 1/2/2024) (ks) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/10/2024.]
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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 24449)Document filed by Tonia Scott. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit receipt).(rdz) [Transferred from New York Southern on 1/10/2024.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 1/10/2024.] |
| Magistrate Judge Stewart D. Aaron 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 1/10/2024.] |
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