CABINESS v. PA ATTORNEY GENERAL et al
| CHARLES ROBERT CABINESS |
| MARK CAPOZZA, PA ATTORNEY GENERAL and DISTRICT ATTORNEY |
| 2:2018cv01229 |
| September 24, 2018 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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Filing 5
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the Petition (ECF. No. #4 ) upon the respondents, Superintendent Mark Capozza, the Attorney General of the State of Pennsylvania as well as the District Attorney of Allegheny County, with costs to be advanced by the United States. IT IS FURTHER ORDERED that within twenty-one (21) days of service of this order, respondents shall respond to the allegations of the petition for writ of habeas corpus. The District Attorney shall address both the merits of the petition and exhaustion of state court remedies. The answer shall comply with the requirements of Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. The District Attorney shall furnish this court with the state court records, including all relevant transcripts, all briefs filed by petitioner, and all written opinions of the courts. IT IS FURTHER ORDERED that the parties are allowed fourteen (14) days from this date to appeal this order to a district judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days will constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/30/2018. (jmb)
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| Remark: Service copies have been forwarded to the U.S. Marshal. (jmb) |
| Filing 4 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668052597), filed by CHARLES ROBERT CABINESS. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4, #6 Exhibit B, #7 Exhibit B1, #8 Exhibit B2, #9 Exhibit B3, #10 Exhibit C, #11 Exhibit C1, #12 Exhibit C2, #13 Envelope) (jd) |
| Filing 3 Habeas Filing fee: $5, receipt number 24668052597 (jd) |
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Filing 2
ORDER that the Clerk of Court is to mark this case closed. IT IS FURTHER ORDERED that the Petitioner may reopen the case by paying the $5.00 filing fee or submitting a motion to proceed in forma pauperis and a certified copy of the account statement for the six (6) months preceding the filing of the complaint within 30 days from the date of this order. IT IS FURTHER ORDERED that the parties are allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days will constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/28/2018. (jmb)
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| Filing 1 Remark: Habeas Corpus petition Received, no IFP, No Filing Fee (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4, #6 Exhibit B, #7 Exhibit B1, #8 Exhibit B2, #9 Exhibit B3, #10 Exhibit C, #11 Exhibit C1, #12 Exhibit C2, #13 Envelope) (jd) |
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