BOYD v. WARDEN VENANGO COUNTY PRISON et al
| ZERRIUS BOYD, SR. |
| WARDEN VENANGO COUNTY PRISON, A.D.A. VENANGO COUNTY DISTRICT ATTORNEY and ATTORNEY GENERAL OF PENNSYLVANIA |
| 1:2022cv00332 |
| November 2, 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 |
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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Filing 11
ORDER denying #8 Motion to Appoint Counsel. Petitioner 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 Chief Magistrate Judge Richard A. Lanzillo on 12/12/2022. 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 10
ORDER. Petitioner's various motions to amend [ECF Nos. #5 , #6 , #7 ] are GRANTED. By previous Order, see ECF No. #9 , Petitioner has been directed to file an amended petition using the standard form entitled Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By a Person In State Custody. Petitioner is instructed to include ALL of the grounds for relief that he wishes to raise in that amended petition using the standard form. Signed by Chief Magistrate Judge Richard A. Lanzillo on 12/12/2022. 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 9
ORDER This case is ADMINISTRATIVELY CLOSED; Petitioner may reopen this case if, by January 6, 2023, Petitioner: (a) completes the standard form entitled Petition Under 28 U.S.C.2254 For Writ of Habeas Corpus By a Person In State Custody and submits it at this civil action number and, (b) either pays the $5.00 filing fee, or files a motion for leave to proceed in forma pauperis along with the following two documents: (i) a certificate from the superintendent or other appropriate officer at his or her correctional institution showing the amount of money or securities that she has in any account in the institution; and, (ii) a certified copy of his or her institutional account statement from every jail or prison at which he or she was confined for the 6-month period leading up to the date the account statement is submitted. Signed by Chief Magistrate Judge Richard A. Lanzillo on 12/12/2022. (dlh)
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| Filing 8 MOTION to Appoint Counsel by ZERRIUS BOYD, SR. (sdp) |
| Filing 7 MOTION for Leave to File Amended Complaint by ZERRIUS BOYD, SR. (sdp) |
| Filing 6 MOTION for Leave to File Amended Complaint #2 by ZERRIUS BOYD, SR. (Attachments: #1 Envelope) (sdp) |
| Filing 5 MOTION to Amend #4 Amended Lodged Habeas by ZERRIUS BOYD, SR. (Attachments: #1 Attachment (this begins with bullet point 9 as it came in the envelope), #2 Envelope) (cel) |
| Filing 4 AMENDED DOCUMENT to #1 Lodged Habeas Petition by ZERRIUS BOYD, SR. (Attachments: #1 Exhibit, #2 Envelope) (av) |
| Filing 3 Authorization permitting withdrawal of prison account funds to pay filing fee by ZERRIUS BOYD, SR. (sdp) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by ZERRIUS BOYD, SR. (Attachments: #1 letter, #2 Envelope) (sdp) |
| Filing 1 Remark: Habeas Petition lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Envelope) (sdp) |
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