RICHARD v. COMMONWEALTH OF PENNSYLVANIA, ET AL
| THOMAS P. RICHARD, SR. |
| THE DISTRICT ATTORNEY OF THE COUNTY OF WESTMORELAND, COMMONWEALTH OF PENNSYLVANIA ET AL and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2019cv01042 |
| August 20, 2019 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 24 SUMMONS/Return of Service Returned Executed by THOMAS P. RICHARD, SR. COMMONWEALTH OF PENNSYLVANIA ET AL served on 9/23/2019, answer due 10/15/2019; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA served on 9/26/2019, answer due 10/17/2019; THE DISTRICT ATTORNEY OF THE COUNTY OF WESTMORELAND served on 9/23/2019, answer due 10/15/2019. (sdp) |
| Filing 23 Remark: Service copies were forwarded to the U.S. Marshal. All matters regarding service were mailed to the Petitioner at his address at S.C.I. Phoenix. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) |
Filing 22
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the Petition (ECF. No. 1) upon the respondents, the Superintendent of S.C.I. Phoenix, the Attorney General of the State of Pennsylvania as well as the District Attorney of Westmoreland 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 09/18/2019. (jmb)
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| Filing 21 Remark: Service copies were forwarded to the U.S. Marshals. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) |
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Filing 20
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the Petition (ECF. No. #1 ) upon the respondents, the Commonwealth of Pennsylvania, the Attorney General of the State of Pennsylvania as well as the District Attorney of Westmoreland 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 09/10/2019. (jmb)
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| Filing 19 Case transferred in from District of Pennsylvania Eastern; Case Number 2:18-cv-00259. Original file certified copy of transfer order and docket sheet received. |
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Filing 17
ORDERED THAT THE ABOVE CAPTIONED MATTER IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE C. DARNELL JONES, II ON 7/17/19. 7/18/19 ENTERED AND COPIES MAILED TO PRO SE.(jpd, ) Modified on 7/19/2019 (lisad, ).
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| Filing 16 PETITIONER THOMAS P. RICHARD, SR.'S REVISED PETITION RECEIVED ON CORRECT FORMS.(jpd, ) |
| Filing 15 PETITIONER THOMAS P. RICHARD, SR.'S PRIMA FACIE STATEMENT SHOWING HOW THE STANDARDS OF SEC. 2244 ARE MET, CERTIFICATE OF SERVICE.(jpd, ) |
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Filing 14
ORDERED THAT PLAINTIFF'S MOTION FOR RECONSIDERATION (DOC. NO. 13) IS DENIED. IT IS FURTHER ORDERED THAT THE PETITIONER SHALL BE GIVEN THIRTY (30) DAYS FROM THE ENTRY OF THIS ORDER TO FILE A PETITION PURSUANT TO 28 U.S.C. SEC. 2254 BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER. THE CLERK OF COURT SHALL PROVIDE PETITIONER WITH A BLANK COPY OF THIS COURT'S CURRENT STANARD FORM OF PETITION FOR FILING A PETITION FOR WRIT OF HABEAS CORPUS AND A COPY OF THIS OCURT'S ORDERS DATED 2/1/18 (DOC. NO. 3) AND 4/8/19 (DOC. NO.12). SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/17/19. 6/18/19 ENTERED AND COPIES OF ORDERS AND FORMS MAILED TO PRO SE PETITIONER MAILED AND E-MAILED.(jpd, )
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| Filing 13 PETITIONER THOMAS P. RICHARD, SR'S MOTION TO SET ASIDE MANDATE BY RECONSIDER. CERTIFICATE OF SERVICE.(jpd, ) Modified on 6/3/2019 (lisad, ). |
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Filing 12
ORDERED THAT THE ABOVE CAPTIONED MATTER SHALL BE RETURNED TO ACTIVE STATUS. IT IS FURTHER ORDERED THAT THE CLERK SHALL FURNISH PEITIONER WITH A BLANK PETITION PURSUANT TO 28 U.S.C. SEC. 2254 BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER. PETITIONER SHALL COMPLETE SIGN AND RETURN THE FORM TO THE CLERK OF COURT WITHIN SIXTY (60) DAYS OF THE DATE OF THIS ORDER, FAILURE TO COMOPLY WITH THIS ORDER THIS CIVIL ACTION WILL BE DISMISSED WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 4/11/19. 4/12/19 ENTERED AND COPY OF ORDER AND PETITION MAILED TO PRO SE PETITIONER(jpd, ) (Main Document 12 replaced on 6/3/2019) (sg, ).
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| Filing 11 LETTER FROM PETITIONER THOMAS RICHARD DATED 3/10/19 ADDRESSED THE HONORABLE JUDGE C. DARNELL JONES, II RE: 2241 FILED IN THIS COURT (jpd, ) |
| Filing 10 LETTER FROM PETITIONER THOMAS RICHARD DATED 2/5/19 ADDRESSED THE HONORABLE JUDGE C. DARNELL JONES, II RE: 2241 FILED IN THIS COURT (jpd, ) |
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Filing 18
ORDER of USCA as to #5 Notice of Appeal filed by THOMAS P. RICHARD, SR. THAT APPELLANT NEEDS A CERTIFICATE OF APPEALABILTY TO ATTACK HIS ON GOING CONVICTION ARISING OUT OF A STATE CRIMINAL CONVICTION. THE APPLICATION FOR A CERTIFICATE OF APPEALABILITY IS DENIED. (jpd )
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Filing 9
ORDERED THAT PETITIONER'S MOTION FOR RECONSIDERATION (DOC. NO. 8) IS DENIED.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/13/18.6/15/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER(jpd, )
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| Filing 8 PETITIONER THOMAS P. RICHARD, SR. MOTION TO RECONSIDER OR IN LIEU AMEND ORDER TO CERTIFY REQUISITES, CERTIFICATE OF SERVICE.(jpd, ) |
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Filing 7
ORDERED THAT PETITIONER'S MOTION TO STAY (DOC. NO. 4) IS GRANTED AND ALL DEADLINES IN THE ABOVE CAPTIONED MATTER ARE HEREBY STAYED PENDING THE OUTCOME OF PETITIONER'S INTERLOCUTORY APPEAL. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/28/18. 3/1/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )
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| Filing 6 NOTICE of Docketing Record on Appeal from USCA re #5 Notice of Appeal filed by THOMAS P. RICHARD, SR.. USCA Case Number 18-1400 (dmc, ) |
| Filing 4 PETITIONER THOMAS P. RICHARD, SR.'S MOTION FOR S ATAY PENDING APPEAL,CERTIFICATE OF SERVICE.(jpd, ) |
| Filing 5 NOTICE OF APPEAL as to #3 Order, by THOMAS P. RICHARD, SR. IFP GRANTED Copies to Judge, Clerk USCA, Appeals Clerk Certificate of Service. (jpd, ) |
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Filing 3
ORDERED THAT PETITIONER'S APPLICATON TO PROCEED IN FORMA PAUPERIS IS GRANTED; THE CLERK SHALL FURNISH PETITIONER WITH A BLANK COPY OF THIS OCURT'S CURRENT STANDARD FORM FOR FILING A PETITION PURSUANT TO 28 U.S.C. SEC. 2254 BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER; PETITIONER SHALL COMPLETE THE PETITION SIGN AN RETUNR IT OT THE CLERK OF COURT WITHIN THIRTY (30) DAYS. OTHER WISE THIS ACTION WILL BE DSIMISSED WITHOUT FURTHER NOTICE TO PETITIONER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 1/31/18. 2/2/18 ENTERED AND COPY OF ORDER AND PETITION MAILED TO PRO SE PETITIONER.(jpd, ) Modified on 2/5/2018 (lisad, ).
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| Filing 2 Prisoner Trust Fund Account Statement by THOMAS P. RICHARD, SR. (ahf) |
| Filing 1 PETITION for Writ of Habeas Corpus together with statement in support of request to proceed in forma pauperis, filed by THOMAS P. RICHARD, SR.(Attachments: #1 Civil Cover Sheets, #2 Envelope)(ahf) (Main Document 1 replaced on 1/24/2018) (ahf, ). |
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