SHIELDS v. COMMONWEALTH OF PENNSYLVANIA et al
| ANTHONY SHIELDS |
| COMMONWEALTH OF PENNSYLVANIA, WARDEN OF SCI HOUTZDALE, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and DISTRICT ATTORNEY OF ERIE COUNTY |
| 1:2022cv00153 |
| May 16, 2022 |
| US District Court for the Western District of Pennsylvania |
| Richard A Lanzillo |
| 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 July 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 Return of Service Returned Executed, DISTRICT ATTORNEY OF ERIE COUNTY served on 6/30/2022, answer due 7/21/2022; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA served on 7/1/2022, answer due 7/22/2022; WARDEN OF SCI HOUTZDALE served on 6/30/2022, answer due 7/21/2022. (jv) |
Filing 9
ORDER denying #8 Motion to Appoint Counsel. Plaintiff has no constitutional right to counsel in this habeas proceeding, Pennsylvania v. Finley, 481 U.S. 551, 555 (1987), and, because this is a non-capital case, he has no statutory right to counsel either. Whether to appoint counsel in this action lies within the discretion of the Court (unless appointment is "necessary for effective discovery," in accordance with Rule 6(a) of the Rules Governing Section 2254 Cases in the United States District Courts, or the Court determines that "an evidentiary hearing is warranted," in accordance with Rule 8(c) of those rules). There is no reason for the Court to exercise to appoint the petitioner counsel at this time and, therefore, his motion to appoint counsel is DENIED. Signed by Magistrate Judge Richard A. Lanzillo on 7/7/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jdg)
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| Filing 8 MOTION to Appoint Counsel by ANTHONY SHIELDS. (Attachments: #1 Envelope) (keh) |
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Filing 7
ORDER DIRECTING The United States Marshal shall make service of this order, together with a copy of the petition, upon the respondents by certified mail, costs to be advanced by the United States. Within 21 days of service of this order, respondent and the District Attorney shall respond to the allegations of the petition for Writ of Habeas Corpus. The District Attorney shall furnish this court with the state court records. The parties are allowed 14 days from this date to appeal this order to a District Judge pursuant to Local Rule 72(C)(2). Signed by Magistrate Judge Richard A. Lanzillo on 6/10/2022. (dm)
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Filing 6
ORDER denying #5 Petitioner's Motion for Evidentiary Hearing. In the event the Court subsequently determines that a hearing is required and not prohibited by 28 U.S.C. 2254(e)(2) or Cullen v. Pinholster, 563 U.S. 170 (2011), the Court will schedule one. Signed by Magistrate Judge Richard A. Lanzillo on 6/2/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jdg)
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| Filing 5 MOTION for Hearing re #4 Petition for Writ of Habeas Corpus filed by ANTHONY SHIELDS by ANTHONY SHIELDS. (jv) |
| Filing 4 PETITION for Writ of Habeas Corpus, filed by ANTHONY SHIELDS. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jv) |
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Filing 3
ORDER granting #1 Petitioner's Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Richard A. Lanzillo on 5/27/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jdg)
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| Filing 2 Prisoner Trust Fund Account Statement by ANTHONY SHIELDS. (Attachments: #1 Envelope) (kss) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by ANTHONY SHIELDS. (Attachments: #1 Prisoner Authorization Form, #2 Habeas Petition lodged pending disposition of IFP Motion, #3 Supplement to Petition, #4 Exhibit 1, #5 Exhibit 2, #6 Envelope) (kss) |
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