ROGERS v. LEMASTER
| Hrondy Tarvus Rogers |
| Warden David Lemaster and WARDEN, FCI MCKEAN |
| 1:2023cv00235 |
| August 11, 2023 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Richard A Lanzillo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by WARDEN, FCI MCKEAN. (Cressler, April) |
| Filing 19 NOTICE of Appearance by April Cressler on behalf of WARDEN, FCI MCKEAN. (Cressler, April) |
| Filing 18 IT IS ORDERED that the United States Marshal shall serve this Order, together with the petition, upon: (1) the Warden of FCI McKean; (2) the United States Attorney General; and (3) the United States Attorney for the Western District of Pennsylvania. Service shall be by certified mail. All costs to be advanced by the United States. Signed by Chief Magistrate Judge Richard A. Lanzillo on 9/1/2023. (dlh) |
Filing 17
ORDER denying #7 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 Chief Magistrate Judge Richard A. Lanzillo on 8/17/23. 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 16 Case transferred in from District of Oklahoma Western; Case Number 5:23-cv-00517. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER adopting #13 Report and Recommendation in it's entirety. This case is transferred to the United States District Court for the Western District of Pennsylvania. Signed by Judge David L. Russell on 08/11/2023. (km)
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| Magistrate Judge Richard A. Lanzillo added. (jkn) |
| Filing 14 NOTICE of Change of Address by Hrondy Tarvus Rogers (Attachments: #1 Envelope)(rr) |
| Filing 13 REPORT AND RECOMMENDATION. This Court lacks jurisdiction over Petitioner's 28 U.S.C. 2241 petition. The undersigned therefore recommends the Court transfer this case to Petitioner's place of confinement in the Western District of Pennsylvania. Objections to R&R due by 7/20/2023. This Report and Recommendation terminates the referral of this matter to the undersigned. Signed by Magistrate Judge Suzanne Mitchell on 6/29/2023. (rb) |
| Filing 12 ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Motions referred to Suzanne Mitchell. Signed by the direction of Judge David L. Russell on 06/12/2023. (naa) |
| Filing 11 NO PREVIOUS Cases (naa). |
| Filing 10 Case transferred in from District of Tennessee Western; Case Number 1:23-cv-01026. |
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Filing 9
ORDER TRANSFERRING 2241 CASE. Signed by Judge J. Daniel Breen on 6/12/23. (mbm) [Transferred from Tennessee Western on 6/12/2023.]
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| Filing 8 Letter from Hrondy Rogers. (Attachments: #1 envelope) (skc) [Transferred from Tennessee Western on 6/12/2023.] |
| Filing 7 MOTION to Appoint Counsel by Hrondy Tarvus Rogers. (Attachments: #1 envelope)(skc) [Transferred from Tennessee Western on 6/12/2023.] |
| Filing 6 530 Habeas Corpus Filing fee: $ 5, receipt number 100000201 (gkp) [Transferred from Tennessee Western on 6/12/2023.] |
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Filing 5
ORDER DIRECTING PETITIONER TO FILE AN IN FORMA PAUPERIS AFFIDAVIT AND TRUST FUND ACCOUNT STATEMENT OR PAY $5.00 HABEAS FILING FEE. Signed by Judge J. Daniel Breen on 3/6/23. (mbm) [Transferred from Tennessee Western on 6/12/2023.]
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| Filing 4 NOTICE of Appearance by Adam Chase Davis on behalf of David Lemaster (Davis, Adam) [Transferred from Tennessee Western on 6/12/2023.] |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Pro Se Prisoner track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (mbm) [Transferred from Tennessee Western on 6/12/2023.] |
| Filing 2 PRO SE 2241 against David Lemaster, filed by Hrondy Tarvus Rogers. (Attachments: #1 Transcript, #2 envelope)(mbm) [Transferred from Tennessee Western on 6/12/2023.] |
| Filing 1 Judge J. Daniel Breen and Magistrate Judge Jon A. York added. (Main Document 1 replaced on 2/7/2023 w/ Breen as presider) (mbm). [Transferred from Tennessee Western on 6/12/2023.] |
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