HENSLEY v. KLEINFELTER
| JOSEPH HENSLEY |
| KLEINFELTER, THE DISTRICT ATTORNEY OF WARREN COUNTY and JOSH SHAPIRO |
| 1:2022cv00241 |
| July 29, 2022 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Richard A Lanzillo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 17
ORDER denying #14 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 its discretion to appoint the petitioner counsel at this time and, therefore, his motion to appoint counsel is DENIED. In the event the Court subsequently determines that this case is one in which it should exercise its discretion and appoint the petitioner counsel, or is one in which it must appoint counsel, the Court will do so in accordance with its Criminal Justice Act Plan.. Signed by Magistrate Judge Richard A. Lanzillo on 9/26/22. 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 15 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by KLEINFELTER, JOSH SHAPIRO, THE DISTRICT ATTORNEY OF WARREN COUNTY. (Minegar, Benjamin) |
| Filing 16 NOTICE of Change of Address by JOSEPH HENSLEY. 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 JOSEPH HENSLEY. (Attachments: #1 Envelope) (keh) |
| Filing 14 MOTION to Appoint Counsel by JOSEPH HENSLEY. (Attachments: #1 Envelope) (keh) |
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Filing 13
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 9/19/2022, the Defendants shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 9/19/2022. Signed by Magistrate Judge Richard A. Lanzillo on 9/8/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh)
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| Filing 12 Remark: Return of service has been filed but no answer deadline has been set because of deadline set at 11 Order. (keh) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Response/Reply as to #6 Petition for Writ of Habeas Corpus . The Response is due on or before November 11, 2022. Signed by Magistrate Judge Richard A. Lanzillo on 09/01/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ard)
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| Filing 10 First MOTION for Extension of Time to File Response/Reply as to #6 Petition for Writ of Habeas Corpus by KLEINFELTER, JOSH SHAPIRO, THE DISTRICT ATTORNEY OF WARREN COUNTY. (Minegar, Benjamin) |
| Filing 9 NOTICE of Appearance by Benjamin G. Minegar on behalf of KLEINFELTER, JOSH SHAPIRO, THE DISTRICT ATTORNEY OF WARREN COUNTY. (Minegar, Benjamin) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #10 Motion for Extension of Time to File Response/Reply. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (keh) |
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Filing 8
ORDER DIRECTING that 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 8/11/2022. (dlh)
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| Filing 7 Authorization permitting withdrawal of prison account funds to pay filing fee by JOSEPH HENSLEY. (Attachments: #1 Envelope) (keh) |
| Filing 6 PETITION for Writ of Habeas Corpus, filed by JOSEPH HENSLEY. (Attachments: #1 Envelope) (keh) |
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Filing 5
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to docket the Petition. Signed by Magistrate Judge Richard A. Lanzillo on 8/5/22. 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 4 Remark: Correspondence to the Court (Attachments: #1 Envelope) (keh) Modified on 8/2/2022 (keh). Document removed from public view and redocketed in correct case. |
| Filing 3 Prisoner Trust Fund Account Statement by JOSEPH HENSLEY. (Attachments: #1 Envelope) (keh) |
| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by JOSEPH HENSLEY. (Attachments: #1 Envelope) (ijh) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by JOSEPH HENSLEY. (Attachments: #1 Habeas Petition lodged pending disposition of IFP Motion, #2 Authorization, #3 Envelope) (ijh) |
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