Rowann v. District of Erie
| GEORGE M. ROWANN |
| DISTRICT OF ERIE |
| 1:2009cv00078 |
| April 9, 2009 |
| US District Court for the Western District of Pennsylvania |
| Mandamus & Other Office |
| XX US, Outside State |
| Sean J. McLaughlin |
| Susan Paradise Baxter |
| None |
| Federal Question |
| 28:1361 Petition for Writ of Mandamus |
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Filing
42
MEMORANDUM ORDER: AND NOW, to wit, this 9th day of April, 2010, upon consideration of the pending "Motion Acquiring Relief From Final Judgment [sic] Imposed on a Petition For Writ of Habeas Corpus on Grounds Pursuant to the Federal Rules of Civi l Procedure - 60(B)(1)(2) and (3), Attest With Newly Discovered Evidence Exhibit Showing Cause" 40 , IT IS ORDERED, based upon the foregoing reasons, that said motion be, and hereby is, DENIED. Signed by Judge Sean J. McLaughlin on 04/09/2010. (kas)
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Filing
41
MEMORANDUM ORDER: AND NOW, to wit, this 8th day of April, 2010, upon consideration of the Petitioner's "Post Judgement [sic] Motions to Amend and Make Additional Findings of Judgement [sic] Notwithstanding the Verdict Under Fed. R. of Civil P. 52(b) & 59" 39 , IT IS ORDERED, for the reasons set forth above, that said motion be, and hereby is, DENIED. Signed by Judge Sean J. McLaughlin on 04/08/2010. (kas)
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Filing
38
MEMORANDUM ORDER: AND NOW, this 22nd day of March, 2010; IT IS HEREBY ORDERED that the Respondents' motion to dismiss 28 be, and hereby is, DENIED. IT IS FURTHER ORDERED that the instant Petition for Writ of Mandamus be, and hereby is, DENIED. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 be, and hereby is, DISMISSED as untimely. Inasmuch as the Petitioner has failed to make "a substantial showing of the denial of a constitution al right," 28 U.S.C. § 2253(c)(2), and, since jurists of reason would not find debatable my conclusion that the instant habeas petition is time-barred, see Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), IT IS FURTHER ORDERED that no certificate of appealability shall issue. The Report and Recommendation of Magistrate Judge Baxter, dated February 24, 2010 36 , as modified herein, is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 03/22/2010. (kas)
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Filing
36
REPORT AND RECOMMENDATION that 28 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by ERIE COUNTY DISTRICT ATTORNEYS OFFICE, be dismissed, that the Petition for Writ of Habeas Corpus be dismissed as untimely and that a certificate of appealability be denied. Objections to R&R due by 3/15/2010. Signed by Judge Susan Paradise Baxter on 2/24/10. (lrw)
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Filing
32
ORDER: AND NOW, to wit, this 9th day of October, 2009, the Plaintiff having filed at two separate docket entries ( 26 and 27 ) a document styled as objections, AND this Court construing said objections as an appeal from the July 20, 2009 Text Order of United States Magistrate Judge Baxter denying the Petitioner's motion 25 for permanent discharge, IT IS HEREBY ORDERED that the Appeal is DENIED. The July 20, 2009 Text Order of United States Magistrate Judge Baxter 8 is AFFIRMED. Signed by Judge Sean J. McLaughlin on 10/09/2009. (kas)
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| Petitioner: GEORGE M. ROWANN | |
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| Respondent: DISTRICT OF ERIE | |
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