GAINES v. BRITTAIN et al
| TYREE GAINES |
| SUPERINTENDENT BRITTAIN and ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2019cv01160 |
| September 12, 2019 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
ORDER DENYING the #10 Motion to Appoint Counsel. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/06/2019. (jmb)
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| Filing 10 MOTION to Appoint Counsel by TYREE GAINES. (Attachments: #1 Envelope) (plp) |
| Filing 9 SUMMONS/Return of Service Returned Executed; ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA served on 9/30/2019, answer due 10/21/2019; SUPERINTENDENT BRITTAIN served on 9/30/2019, answer due 10/21/2019; KATHY BRITTIAN served on 9/30/2019, answer due 10/21/2019. (plp) |
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Filing 8
ORDER GRANTING the #7 Commonwealth's Petition for Extension of Time to Answer Petition for Writ of Habeas Corpus. The Commonwealth shall file its Answer on or before November 20, 2019. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/18/2019. 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 7 First MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus filed by TYREE GAINES by ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, SUPERINTENDENT BRITTAIN. (Attachments: #1 Proposed Order) (Isaac, Taylor) |
| Filing 6 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, SUPERINTENDENT BRITTAIN. (Isaac, Taylor) |
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Filing 5
ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than October 30, 2019. The applicable form is attached to this order and is also available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. IT IS FURTHER ORDERED that any party who has already filed a form either consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge does not need to refile their selection form. The parties should be aware that no further action will be taken on this case until the attached form is returned. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/09/2019. (Attachments: #1 Exhibit Consent Form) (jmb)
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| Filing 4 NOTICE of Appearance by Taylor Wayne Isaac on behalf of ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, SUPERINTENDENT BRITTAIN. (Isaac, Taylor) |
| Filing 3 Remark: Service copies were forwarded to the U.S. Marshal. 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 2
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, Superintendent Kathy Brittain, 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 09/25/2019. (jmb)
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| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668058310), filed by TYREE GAINES. (Attachments: #1 correspondence, #2 Receipt, #3 Envelope) (plp) |
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