Smith v. Desuta et al

Smith v. Desuta et al

Case Number:	3:2005cv01147
Filed:	June 7, 2005
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
Presiding Judge:	PT
Presiding Judge:	Thomas I. Vanaskie
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 1, 2009	Filing 24 MEMORANDUM AND ORDER 1. The petition for a writ of habeas corpus is DISMISSED.2. The Clerk of Court is directed to mark this matter CLOSED. 3. There is no basis for issuance of a certificate of appealability.Signed by Honorable Thomas I. Vanaskie on 10/1/09. (jfg)
July 17, 2009	Filing 17 MEMORANDUM AND ORDER 1. Within twenty (20) days of this Order, Petitioner shall show cause why his Petition should not be dismissed as untimely. In this regard, any claim of entitlement to equitable tolling must be asserted in Petitioners response to this Order. 2. Respondents may file a reply within fifteen (15) days of the filing of Petitioners response to this Order.3. Within thirty (30) days of the date of this Order, Petitioner shall file a notice with the Court, indicating whether he wishe s to: (1) voluntarily dismiss his unexhausted claims and proceed only with his exhausted claim; or (2) request that his pending action be stayed while he returns to state court to attempt to exhaust state remedies with respect to his presently unexha usted claims; or (3) request that his mixed petition be dismissed without prejudice toallow himself the opportunity to return to state court and attempt to exhaust state court remedies regarding his unexhausted claims.Signed by Honorable Thomas I. Vanaskie on 7/17/09. (jfg)

Date Filed

Document Text

October 1, 2009

Filing 24 MEMORANDUM AND ORDER 1. The petition for a writ of habeas corpus is DISMISSED.2. The Clerk of Court is directed to mark this matter CLOSED. 3. There is no basis for issuance of a certificate of appealability.Signed by Honorable Thomas I. Vanaskie on 10/1/09. (jfg)

July 17, 2009

Filing 17 MEMORANDUM AND ORDER 1. Within twenty (20) days of this Order, Petitioner shall show cause why his Petition should not be dismissed as untimely. In this regard, any claim of entitlement to equitable tolling must be asserted in Petitioners response to this Order. 2. Respondents may file a reply within fifteen (15) days of the filing of Petitioners response to this Order.3. Within thirty (30) days of the date of this Order, Petitioner shall file a notice with the Court, indicating whether he wishe s to: (1) voluntarily dismiss his unexhausted claims and proceed only with his exhausted claim; or (2) request that his pending action be stayed while he returns to state court to attempt to exhaust state remedies with respect to his presently unexha usted claims; or (3) request that his mixed petition be dismissed without prejudice toallow himself the opportunity to return to state court and attempt to exhaust state court remedies regarding his unexhausted claims.Signed by Honorable Thomas I. Vanaskie on 7/17/09. (jfg)

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