SMITH v. COMMONWEALTH OF PENNSYLVANIA et al
| ERIC WAYNE SMITH |
| DISTRICT ATTORNEY OF WASHINGTON COUNTY, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, COMMONWEALTH OF PENNSYLVANIA and Superintendent MELINDA ADAMS |
| 2:2021cv00276 |
| February 26, 2021 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 Return of Service Returned Executed MELINDA ADAMS served on 3/24/2021, answer due 4/14/2021; ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA served on 3/24/2021, answer due 4/14/2021; DISTRICT ATTORNEY OF WASHINGTON COUNTY served on 3/31/2021, answer due 4/21/2021. (lar) |
Filing 13
ORDER granting in part and denying in part #12 Motion for Extension of Time to Answer. The Answer shall be filed on or before June 30, 2021. Signed by Magistrate Judge Maureen P. Kelly on 4/14/2021. (et)
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| Filing 12 MOTION for Extension of Time to File Answer by DISTRICT ATTORNEY OF WASHINGTON COUNTY. (Attachments: #1 Proposed Order) (Vittone, Eugene) |
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Filing 11
IT IS HEREBY ORDERED that the Clerk's Office is directed to amend the caption of the above matter to remove the Commonwealth of Pennsylvania. This is in accordance with LCvR 2254(B), which requires that a habeas petition arising under 28 U.S.C. 2254 name the superintendent or warden who has custody of the Petitioner, as well as the District Attorney of the county in which the Petitioner was convicted and sentenced, and is consistent with the 5 Order of March 2, 2021. The Commonwealth of Pennsylvania is not a proper Respondent to this matter. IT IS FURTHER ORDERED that service of the Petition need not be made on the Commonwealth of Pennsylvania. Signed by Magistrate Judge Maureen P. Kelly on 3/18/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. COMMONWEALTH OF PENNSYLVANIA terminated. (dad)
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| Filing 10 Prisoner Trust Fund Account Statement by ERIC WAYNE SMITH. (sdp) |
| Filing 9 Remark: Service documents forwarded to U.S. Marshals this date. 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 7
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 advanced 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 Respondents shall furnish this court with the state court records. 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 3/3/2021. (et)
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Filing 6
ORDER denying as moot #1 Motion for Leave to Proceed in forma pauperis. Petitioner has paid the full filing fee. See ECF No. #2 -1. Signed by Magistrate Judge Maureen P. Kelly on 3/02/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dad)
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Filing 5
IT IS HEREBY ORDERED that the Clerk's Office is directed to amend the caption of the above matter to include Melinda Adams (the Superintendent of SCI-Mercer) and the District Attorney of Washington County. This is in accordance with LCvR 2254(B), which requires that a habeas petition arising under 28 U.S.C. 2254 name the superintendent or warden who has custody of the Petitioner, as well as the District Attorney of the county in which the Petitioner was convicted and sentenced. Signed by Magistrate Judge Maureen P. Kelly on 3/02/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. DISTRICT ATTORNEY OF WASHINGTON COUNTY and MELINDA ADAMS added. (dad)
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| Filing 4 EXHIBITS in Support of #2 Petition for Writ of Habeas Corpus by ERIC WAYNE SMITH. (sdp) |
| Filing 3 Prisoner Trust Fund Account Statement by ERIC WAYNE SMITH. (sdp) |
| Filing 2 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668067541), filed by ERIC WAYNE SMITH. (Attachments: #1 Receipt) (sdp) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by ERIC WAYNE SMITH. (sdp) |
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