BEASON v. CAPOZZA et al
| BEASON |
| CAPOZZA |
| CHRISTOPHER JAMEEL BEASON |
| MARK CAPOZZA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, ERIE COUNTY DISTRICT ATTORNEY and VINCENT MOONEY |
| 1:2016cv00215 |
| August 22, 2016 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Mark R Hornak |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 14, 2017. A more recent docket listing may be available from PACER.
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| Remark: The signed certified mail card from the 11/3/17 mailing to Christopher Jameel Beason was returned to Chambers on 11/13/17. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) |
Filing 22
MEMORANDUM ORDER. It is hereby ORDERED that the Respondents' #11 Motion to Dismiss is GRANTED, that the Petitioner's claims are DISMISSED WITH PREJUDICE as he filed them outside the one year statute of limitations, and that a certificate of appealability is DENIED. Magistrate Judge Baxter's #19 Report and Recommendation is ADOPTED as the opinion of the court. Signed by Judge Mark R. Hornak on 11/3/17. (bdb)
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| Remark: A letter enclosing a copy of #22 Memorandum Order and ECF filing receipt filed on 11/3/17 were mailed via regular and certified mail to Christopher Jameel Beason on 11/3/17. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) |
| Filing 21 OBJECTIONS to #19 Report and Recommendation filed by CHRISTOPHER JAMEEL BEASON. (Attachments: #1 Envelope) (dm) |
| Filing 20 SUPPLEMENT by CHRISTOPHER JAMEEL BEASON to #3 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope) (dm) Modified on 1/24/2018. (dm) |
| Filing 19 REPORT AND RECOMMENDATION that the Respondents's motion to dismiss #11 be granted, that the Petitioner's claims be dismissed with prejudice because he filed them outside the one-year statute of limitations, and that a certificate of appealability be denied. Objections to R&R due by 9/8/2017. Objections to R&R for Unregistered ECF Users due by 9/11/2017. Signed by Magistrate Judge Susan Paradise Baxter on 8/25/17. (lrw) (Main Document #19 replaced on 8/28/2017) (jpe) |
| Case Reassigned to Judge Mark R. Hornak, presiding and Magistrate Judge Susan Paradise Baxter, referral. (dm) |
| Filing 18 Letter to Judge Baxter from CHRISTOPHER BEASON (Attachments: #1 Envelope) (dm) |
| Filing 17 SUPPLEMENT to #6 Petition for Writ of Habeas Corpus by CHRISTOPHER JAMEEL BEASON. (Attachments: #1 Envelope) (dm) Modified on 8/7/2017. (dm) |
| Filing 16 Letter to Judge Baxter from CHRISTOPHER JAMEEL BEASON (Attachments: #1 Envelope) (dm) |
| Filing 15 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ERIE COUNTY DISTRICT ATTORNEY. (Trent, Jared) |
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Filing 14
TEXT ORDER, All parties' Willingness to proceed before Magistrate Judge due by 7/25/2017. Signed by Magistrate Judge Susan Paradise Baxter on 7/13/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)
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| Filing 13 REPLY filed by CHRISTOPHER JAMEEL BEASON. (jd) |
| Filing 12 MOTION To Look Into Having Aggravated Assault with Bodily Harm on a County CO Exonerated by CHRISTOPHER JAMEEL BEASON. (Attachments: #1 Envelope) (jd) |
| Filing 11 First MOTION to Dismiss re #6 Petition for Writ of Habeas Corpus by ERIE COUNTY DISTRICT ATTORNEY. (Attachments: #1 Certificate of Service, #2 Exhibit Superior Court Decision, #3 Exhibit Prior Writ, #4 Exhibit Prior Dismissal by Petitioner, #5 Exhibit Prior Dismissal by Judge Baxter, #6 Exhibit Docket Sheet) (Trent, Jared) Modified on 5/18/2017. (dm) |
| Filing 10 SUMMONS/Return of Service Returned Executed MARK CAPOZZA (Vincent Mooney) served on 5/8/2017, answer due 5/30/2017; ERIE COUNTY DISTRICT ATTORNEY served on 5/9/2017, answer due 5/30/2017; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA served on 5/8/2017, answer due 5/30/2017. (dm) |
| Service copies placed in US Marshal box (dm) |
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Filing 9
ORDER that the United States Marshal shall make service of this Order, together with a copy of the Petition #6 upon the Respondents: (1) Vincent Mooney, the Superintendent of SCI Retreat; (2) the District Attorney of Erie County; and (3) the Attorney General of Pennsylvania. Service shall be by certified mail. Costs to be advanced by the United States of America. IT IS FURTHER ORDERED that within 21 days of service of this Order, the District Attorney of Erie County shall file an Answer to the Petition on behalf of all the Respondents. The Answer must comply with the requirements of Rule 5 of the Rules Governing Section 2254 Cases, Rule 2254(E) of the Local Rules of the United States District Court for the Western District of Pennsylvania, theElectronic Case Filing Policies and Procedures In the United States District Court for the Western District of Pennsylvania, as well as the practices of this Court. Signed by Magistrate Judge Susan Paradise Baxter on 4/18/17. (lrw)
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Filing 8
ORDER dismissing #7 as moot the motion for leave to proceed in forma pauperis because the petitioner has paid the $5.00 filing fee. Signed by Magistrate Judge Susan Paradise Baxter on 3/17/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by CHRISTOPHER JAMEEL BEASON. (dm) |
| Filing 6 PETITION for Writ of Habeas Corpus, filed by CHRISTOPHER JAMEEL BEASON. (Attachments: #1 Envelope, #2 Envelope, #3 Envelope) There are no pages 10-12. (dm) |
| Filing 5 NOTICE of Change of Address by CHRISTOPHER JAMEEL BEASON. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to CHRISTOPHER JAMEEL BEASON. (Attachments: #1 Envelope) (dm) |
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Filing 4
ORDER that if the petitioner wants to proceed with this habeas litigation, he must file the standard form entitled Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By a Person In State Custody, which the Court is once again providing to him. He must answer all of the questions on that form and file the form at this civil action number (1:16-cv-215). This case is and shall remain ADMINISTRATIVELY CLOSED until the petitioner files his petition on the standard form. This Order will be sent to SCI Pittsburgh, which is the petitioner's address of record, and to SCI Retreat in Hunlock Creek, Pennsylvania, which is the return address on the petitioner's most recent correspondence with the Court. It is the petitioner's responsibility to keep current his address of record. He is under a continuing obligation to notify the Court of any change of address by filing a separate document entitled Notice of Change of Address. Failure to do so may result in the dismissal of this case. Signed by Magistrate Judge Susan Paradise Baxter on 1/30/17. (jpe)
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| Filing 3 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668042219), filed by CHRISTOPHER JAMEEL BEASON. (Attachments: #1 Receipt, #2 Envelope) (dm) |
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Filing 2
ORDER FOR STATISTICAL CLOSING. The petitioner may reopen the case if he: (1) submits for filing at this civil action number a completed standard form entitled Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By a Person In State Custody; and (2) either pays the $5.00 filing fee or files a motion for leave to proceed in forma pauperis along with the following two required documents: (i) a certificate from the Warden or other appropriate officer of SCI Pittsburgh showing the amount of money or securities that he has in any account in the institution; and, (ii) a certified copy of his institutional account statement from every jail or prison at which he was confined for the 6-month period leading up to the date the account statement is submitted.. Signed by Magistrate Judge Susan Paradise Baxter on 8/30/16. (jpe)
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| Filing 1 Remark: Habeas Petition Received, No IFP or Filing Fee (Attachments: #1 Envelope) (dm) |
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