BOCZKOWSKI v. GILMORE
| TIMOTHY BOCZKOWSKI |
| ROBERT GILMORE, DISTRICT ATTORNEY OF ALLEGHENY COUNTY and ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2020cv00312 |
| March 5, 2020 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Arthur J Schwab |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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This docket was last retrieved on April 20, 2020. A more recent docket listing may be available from PACER.
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Filing 10
ORDER adopting Report and Recommendations re #6 Report and Recommendations. The Petition for Writ of Habeas Corpus is dismissed as second or successive. A certificate of appealability is denied. The Report and Recommendation is adopted as the opinion of the Court. Signed by Judge Arthur J. Schwab on 4/20/20. (lck)
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| Filing 9 Petitioner has filed the instant Motion for Refund, ECF No. 7, (dated April 14, 2020 but post-marked April 13, 2020), seeking the refund of a $350.00 check he sent in to the Clerks Office as a potential payment of a filing fee. The Motion for Refund is DENIED as Moot. The Clerks Office personnel confirm that they have already returned the check to Petitioner which was sent out on April 14, 2020. Signed by Magistrate Judge Maureen P. Kelly on 04/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. A copy of this Order has been mailed to Petitioner's address of record. (tjw) |
| Judge David S. Cercone no longer assigned to case. (jmm) |
| Judge Arthur J. Schwab is now presiding. (jmm) |
| Filing 8 MOTION for Reconsideration re #6 REPORT AND RECOMMENDATION re #4 Petition for Writ of Habeas Corpus, filed by TIMOTHY BOCZKOWSKI. by TIMOTHY BOCZKOWSKI. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Exhibit, #2 Envelope) (sdp) |
| Filing 7 MOTION for refund by TIMOTHY BOCZKOWSKI. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Envelope) (sdp) |
| Filing 6 REPORT AND RECOMMENDATION re #4 Petition for Writ of Habeas Corpus, filed by TIMOTHY BOCZKOWSKI recommending that the Petition be dismissed pre-service, pursuant to Rule 4 of the Rules Governing Section 2254 Cases because it is second or successive and this Court lacks subject matter jurisdiction over it. Objections to R&R for Unregistered ECF Users due by 4/23/2020. Signed by Magistrate Judge Maureen P. Kelly on 04/06/2020. A copy of this Notice, Report and Recommendation, and the Appendix have been mailed to Petitioner's address of record. (Attachments: #1 Appendix) (tjw) |
| Judge David S. Cercone presiding and Magistrate Judge Maureen P. Kelly referred. (jmm) |
| Magistrate Judge Maureen P. Kelly no longer assigned to case. (jmm) |
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Filing 5
ORDER OF COURT: The Clerk of Court is ORDERED to reopen this matter and amend the caption of this matter to include the District Attorney of Allegheny County, which is the County where Petitioners conviction was obtained, and the Attorney General of the Commonwealth of Pennsylvania as set forth herein. Signed by Magistrate Judge Maureen P. Kelly on 04/02/2020. A copy of this Notice and Order have been mailed to Petitioner's address of record. (tjw)
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| Filing 4 PETITION for Writ of Habeas Corpus ( Filing fee $5, ), filed by TIMOTHY BOCZKOWSKI. (Attachments: #1 list of exhibits, #2 Exhibit A, #3 Exhibit B, #4 Appendix, #5 Exhibit a, #6 Exhibit b, #7 Exhibit c, #8 Exhibit d, #9 Exhibit e) (sdp) |
| Filing 3 Filing fee: $5.00, receipt number 246680061874 (sdp) |
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Filing 2
DEFICIENCY ORDER: In light of the deficiencies noted on the attached Order, the Clerk is to mark this CASE CLOSED. Petitioner may reopen this case by curing the noted deficiencies or by paying the $5.00 filing fee. Signed by Magistrate Judge Maureen P. Kelly on 03/16/2020. A copy of this Notice, Order, and the Court's form motion to proceed in forma pauperis have been mailed to Petitioner's address of record. (tjw)
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| Filing 1 HABEAS CORPUS LODGED. No fee or IFP. (Attachments: #1 List of exhibits, #2 Exhibit A, #3 Exhibit B, #4 Appendix, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Envelope) (sdp) |
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