HOWARD v. SMITH et al
| EMMANUEL HOWARD |
| THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and SUPERINTENDENT BARRY SMITH |
| 2:2020cv01766 |
| November 17, 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 August 3, 2022. A more recent docket listing may be available from PACER.
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Filing 8
Filing fee: $5, receipt number 24668806631 (elt) Modified on 1/10/2021 document has been removed because it was filed in the wrong case.(elt).
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Filing 7
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 6
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the (ECF. No. #4 ) Petition for Writ of Habeas Corpus and the Brief in Support of the Petition for Writ of Habeas Corpus (ECF No. #5 ) upon the respondents, Barry Smith, Superintendent of S.C.I. Houtzdale, the Attorney General of the State of Pennsylvania as well as the District Attorney of Fayette 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 01/06/2021. (jmb)
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Filing 5
BRIEF in Support of #4 Petition for Writ of Habeas Corpus filed by EMMANUEL HOWARD. (lar)
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Filing 4
PETITION for Writ of Habeas Corpus, filed by EMMANUEL HOWARD. (lar)
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Filing 3
Filing fee: $5.00, receipt number 24668066345 (lar)
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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 11/30/2020. (jmb)
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Filing 1
Remark: Petition for Writ of Habeas Corpus received with no filing fee or IFP Motion. (Attachments: #1 Brief in Support of Habeas Petition, #2 Envelope) (lar)
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