PASTORIES v. SMITH et al
| ADAM PASTORIES |
| BARRY SMITH and THE DISTRICT ATTORNEY OF ALLEGHENY COUNTY |
| 2:2021cv00737 |
| June 2, 2021 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| 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 February 28, 2022. A more recent docket listing may be available from PACER.
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Filing 12
ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than August 17, 2021. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/27/2021. (Attachments: #1 Exhibit Consent Form) (jmb)
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Filing 11
ORDER GRANTING (ECF No. #9 ) Respondent's Petition for Extension of Time to Answer Petition for Writ of Habeas Corpus. Respondent shall file an Answer no later than August 30, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/14/2021. 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 10 NOTICE of Appearance by Rusheen R. Pettit on behalf of BARRY SMITH, THE DISTRICT ATTORNEY OF ALLEGHENY COUNTY. (Pettit, Rusheen) |
| Filing 9 First MOTION for Extension of Time to File Answer by BARRY SMITH, THE DISTRICT ATTORNEY OF ALLEGHENY COUNTY. (Attachments: #1 Proposed Order) (Pettit, Rusheen) |
| Filing 8 Return of Service Returned Executed by ADAM PASTORIES. BARRY SMITH served on 7/1/2021, answer due 7/22/2021; THE DISTRICT ATTORNEY OF ALLEGHENY COUNTY served on 6/28/2021, answer due 7/19/2021. (ijh) |
| Filing 7 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 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 upon the respondents, Superintendent of S.C.I. Houtzdale, Barry Smith, the Attorney General of the State of Pennsylvania as well as the District Attorney of Allegheny 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 06/11/2021. (jmb)
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Filing 5
ORDER that the Clerk of Court is directed to terminate and mark CLOSED Civil Action No. 21-708, as it is duplicative to Civil Action No. 21-737. AND IT IS FURTHER ORDERED that any and all further filings that relate to Petitioner's habeas proceedings challenging his judgment of sentence at CP-02-CR-0011675-2015 should be clearly marked with Civil Action No. 21-737 and filed in that case. Signed by Magistrate Judge Lisa Pupo Lenihan on June 9, 2021. (kcb)
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| Filing 4 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668069380), filed by ADAM PASTORIES. (ma) |
| Filing 3 Filing fee: $5.00, receipt number 24668069380 (ma) |
| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ADAM PASTORIES. (Attachments: #1 Envelope) (ma) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by ADAM PASTORIES. (Attachments: #1 Habeas Petition lodged pending disposition of IFP Motion, #2 Envelope) (ma) |
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