MADISON v. CLARK et al
| LAWRENCE J. MADISON |
| STEPHEN P. STEINER, JOHN WETZEL, PAROLE AGENT DAREK EBERHARDT, SCOTT K. WOLF, SUPERINTENDENT MICHAEL CLARK, MATTHEW R. SCHIMIZZI and PENNSYLVANIA BOARD OF PROBATION AND PAROLE |
| 2:2020cv01655 |
| October 30, 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 |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 NOTICE of Appearance by Morgan C. Davis on behalf of PENNSYLVANIA BOARD OF PROBATION AND PAROLE. (Davis, Morgan ) |
| Filing 7 NOTICE of Appearance by Morgan C. Davis on behalf of MICHAEL CLARK. (Davis, Morgan ) |
Filing 6
TEXT ORDER re #5 Objections/Appeal of Magistrate Judge Decision to District Court filed by LAWRENCE J. MADISON. Petitioner has filed Objections to the Magistrate Judge's Order of Service of the Petition, wherein she directed Respondents to address salient matters involving federal habeas petitions as a matter of course and in a standard service order. Petitioner objects to the Magistrate Judge directing the Respondents to address such issues. We note that the Service Order directs Respondents to address salient procedural matters as well as requiring them to address the merits of the Petition. The obvious effect of this Order is to require the Respondents to address all matters both procedural and substantive. This Order exhibits no bias as Petitioner suggests, but merely requires the Answer to be a thorough one. Accordingly, Petitioner's Objections are overruled. The Service Order is sustained. Petitioner is admonished that he should not file an appeal of every order emanating from the Magistrate Judge as such may well evidence lack of good faith and constitute evidence of frivolousness. Signed by Judge Arthur J. Schwab on 12/3/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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| Judge Arthur J. Schwab presiding and Magistrate Judge Maureen P. Kelly referred. (lar) |
| Magistrate Judge Maureen P. Kelly no longer presiding. (lar) |
| Filing 5 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by LAWRENCE J. MADISON re #4 Habeas Corpus Service (Attachments: #1 Envelope) (ept) |
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Filing 4
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the petition, upon the respondents by certified mail, costs to be borne by the United States. Within 21 days of service of this order, respondents shall respond to the allegations of the petition for Writ of Habeas Corpus. The Parole Board shall furnish this court with the appropriate state records, including, in particular, a copy of the recording of the July 19, 2012 parole hearing held at SCI-Greensburg in Petitioner's case or a transcription of the hearing or an affidavit from the appropriate official that the recording no longer exists and/or no transcripts were made of the hearing and none can now be made. The parties are allowed 14 days from this date to appeal this order to a District Judge pursuant to Local Rule 72(C)(2). Signed by Magistrate Judge Maureen P. Kelly on 11/17/2020. (tmr)
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| Filing 3 Remark: A copy of the Order filed at ECF No. 2 has been mailed to Petitioner's address of record. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et) |
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Filing 2
ORDER directing that the Clerk of Court shall amend the caption of this Section 2254 federal habeas petition to include the Pennsylvania Board of Probation and Parole. This is in accordance with Rule 2254(B)(1) of the Local Rules of the United States District Court for the Western District of Pennsylvania which expressly requires that "[i]f a petitioner is challenging parole proceedings, he or she must name as respondent the Pennsylvania Board." As such, the Clerk of Court is further ordered to strike from the caption of this matter the following Respondents: John Wetzel; Scott K. Wolf; Parole Agent Darek Eberhardt; Stephen P. Steiner; and Matthew R. Schimizzi. A copy of this order will be mailed to Petitioner at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 11/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668065544), filed by LAWRENCE J. MADISON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Receipt, #7 Envelope) (ept) |
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