Rivera v. Superintendent of SCI-Forest, et al
| Nelson Hernandez Rivera |
| Superintendent of SCI-Forest and Pennsylvania Attorney General's Office |
| 4:2022cv01603 |
| October 13, 2022 |
| US District Court for the Middle District of Pennsylvania |
| DB |
| Matthew W Brann |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 10 SHOW CAUSE ORDER and Petition served on Respondent and PA Attorney General. (nr) |
Filing 9
ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that #1 Petition is now deemed filed; the Clerk is directed to serve the petition and this Order of PA Attorney General and Respondent; Show Cause Response due by 12/23/2022. #2 Motion for leave to proceed in forma pauperis is DISMISSED as moot. (See order for complete/full details) Signed by Chief Judge Matthew W. Brann on 12/2/2022. (nr) (This Order mailed to Rivera at SCI - Forest)
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| Filing 8 NOTICE OF ELECTION by Nelson Hernandez Rivera choosing to have Court rule on petition as filed. (ea) |
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Filing 7
ORDER - IT IS HEREBY ORDERED that The Petitioner is granted leave to withdraw the current 2254 petition without prejudice to filing another 2254 petition raising all grounds for relief from his conviction; The Petitioner is granted 45 days from the date of this order to notify the court of his decision. If he fails to do so, the court will rule on the current 2254 petition as filed. (See Order for full/complete details) Signed by Chief Judge Matthew W. Brann on 10/21/2022. (nr)
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Filing 6
ORDER - IT IS HEREBY ORDERED that Petitioner's #4 Motion to Appoint Counsel is DENIED without prejudice (see Order for complete details). Signed by Chief Judge Matthew W. Brann on 10/21/2022 (ea)
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| Receipt of payment from NELSON HERNANDEZ RIVERA in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 10/13/2022. Receipt number 333101467 processed by AO. (jjs) |
| Filing 5 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) |
| Filing 4 MOTION to Appoint Counsel by Nelson Hernandez Rivera.(lp) |
| Filing 3 CERTIFIED Prisoner Trust Fund Account Statement by Nelson Hernandez Rivera. (lp) Modified on 10/13/2022 (lp). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Nelson Hernandez Rivera.(lp) |
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Filing 1
PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number 333101467), filed by Nelson Hernandez Rivera. (Attachments: #1 Appendix A-Redacted Non-Predential Decision-See Superior Court I.O.P. 65.37 - Appeal from the Judgment of Sentence Entered January 4, 2019 in the Court of Common Pleas of Luzerne County Criminal Division at No. CP-40-CR-0002098-2017, #2 Appendix B-Copy of Order signed by Judge Vough, #3 Receipt of Filing Fee)(lp)
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