ATWOOD v. ZAKEN et al
| LEE JOYNER ATWOOD |
| SUPERINTENDENT MICHEAL ZAKEN, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and THE DISTRICT ATTORNEY OF THE COUNTY OF WESTMORELAND |
| 2:2020cv01309 |
| September 4, 2020 |
| 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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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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Filing 7
ORDER granting #4 Petitioner's Motion for Stay and Abeyance of Petition for Writ of Habeas Corpus. The Court notes that it received Petitioner's $5.00 filing fee for this case but this action will remain administratively closed pending Petitioner's exhaustion of his state court remedies. Petitioner is instructed to file a motion to reopen this case within thirty (30) days of the conclusion of his state court proceedings. In the meantime, the Clerk is instructed to serve the habeas petition on Respondents so that they are aware of this case. However, Respondents will not be required to answer the habeas petition until this case is reopened. Signed by Magistrate Judge Lisa Pupo Lenihan on October 20, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
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| Filing 6 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 5
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the (ECF. No. #3 ) Petition for Writ of Habeas Corpus upon the respondents, Micheal Zaken, Superintendent of S.C.I. Greene, 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 10/20/2020. (jmb)
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| Filing 4 MOTION to Stay and Abeyance re #3 Petition for Writ of Habeas Corpus by LEE JOYNER ATWOOD. (plp) |
| Filing 3 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668065345), filed by LEE JOYNER ATWOOD. (Attachments: #1 Receipt) (plp) |
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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 09/26/2020. (jmb)
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| Filing 1 Remark: Petition received, no filing fee, no iFP (Attachments: #1 Motion for Stay and Abeyance, #2 envelope) (jd) |
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