Williams v. Kings County District Attorney's Office et al
| KEVIN WILLIAMS |
| Kings County District Attorney's Office, COMMONWEALTH OF PENNSYLVANIA and Superintendent Derek F. Oleander, et al |
| 2:2021cv01860 |
| December 23, 2021 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Maureen P Kelly |
| Mandamus & Other |
| 28 U.S.C. § 1651 |
| None |
Docket Report
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This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
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| Case electronically transferred to Eastern District of Pennsylvania. (lyk) |
| Filing 15 MOTION to Appoint Counsel by KEVIN WILLIAMS. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Envelope) (lyk) |
Filing 14
ORDER adopting Report and Recommendations re #12 Report and Recommendations. IT IS HEREBY ORDERED that the Clerk's Office is directed to transfer this case forthwith to the United States District Court for the Eastern District of Pennsylvania. Petitioner's Objections are OVERRULED and DISMISSED. Signed by Judge David S. Cercone on 2/9/2022. (kly)
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| Filing 13 OBJECTIONS to #12 Report and Recommendation filed by KEVIN WILLIAMS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Envelope) (jd) |
| Filing 12 REPORT AND RECOMMENDATION respectfully recommending that the #1 "Supplemental Amendment to Writ of Mandamus" (the "Petition") be construed as a petition for writ of habeas corpus by a person in state custody pursuant 28 U.S.C. 2254. It is further recommended that the Petition be transferred forthwith to the United States District Court for the Eastern District of Pennsylvania because that is the district wherein Petitioner's state court conviction was obtained, and as such, it is the more convenient forum for litigation of the underlying allegations of the Petition. As more fully stated in the R&R. Objections to R&R due by 2/7/2022. Objections to R&R for Unregistered ECF Users due by 2/10/2022. Signed by Magistrate Judge Maureen P. Kelly on 1/24/2022. (dad) |
| Judge David S. Cercone presiding. Magistrate Judge Maureen P. Kelly referred. (cww) |
| Magistrate Judge Maureen P. Kelly no longer presiding. (cww) |
| Judge David S. Cercone no longer assigned to case. (ijh) |
| Magistrate Judge Maureen P. Kelly added. (ijh) |
| Filing 11 Case transferred in from District of New York Eastern; Case Number 1:21-cv-03977. Original file certified copy of transfer order and docket sheet received. |
| Judge David S. Cercone added. (ijh) |
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TRANSFER ORDER: On July 6, 2021, pro se petitioner Kevin Williams, presently incarcerated at the State Correctional Institution-Forest in Marienville, Pennsylvania, commenced this action titled Supplemental Amendment to Writ of Mandamus, seeking to compel action on his petitions for a writ of habeas corpus filed in Pennsylvania and immediate release from custody of the Pennsylvania Department of Corrections. (See ECF No. 1, Petition at p. 10.) The Court liberally construes petitioner's application as seeking habeas corpus relief. This court is not the proper court in which to seek such relief. See 28 U.S.C. 2241(a) (providing federal courts with power to grant a writ of habeas corpus only within their respective jurisdictions.). This requirement is jurisdictional. See Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004); Ezeigwe v. Holder, No. 12-cv-2200, 2012 WL 1965403, at *2 (E.D.N.Y. May 29, 2012). Here, the Court lacks jurisdiction to adjudicate petitioner's claims as he is presently confined in the Western District of Pennsylvania. 28 U.S.C. 118. The Court also notes that petitioner was convicted and sentenced in the Eastern District of Pennsylvania. See Williams v. Rozum, No. 07-3716-PBT, slip op. (E.D. Pa. Sept. 9, 2008). Accordingly, this petition is hereby transferred to the United States District Court for the Western District of Pennsylvania pursuant to Local Rule 83.3 of the Eastern District of New York. Case transferred to District of Western District of Pennsylvania. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. SO Ordered by Judge Kiyo A. Matsumoto on 12/16/2021. (Tavarez, Jennifer)
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| Filing 10 NOTICE: PA. R. APP. P., 1925(B) submitted by Kevin Williams a/k/a Kirby Stewart. (Lee, Tiffeny) |
| Filing 9 Commonwealth's Answer to Defendant's Statement of Matters Complained of on Appeal submitted by Kevin Williams a/k/a Kirby Stewart. (Lee, Tiffeny) Modified descriptive text on 12/9/2021 (Lee, Tiffeny). |
| Filing 8 Letter dated 11/3/2021 to Clerk of Court from Kevin Williams informing the Court that he consents to a Magistrate Judge and to a jury trial. The Pro se plaintiff encloses a Consent to Jurisdiction by United States Magistrate Judge. (See letter for details) (Tavarez, Jennifer) |
| Filing 7 Letter dated 10/16/2021 to Judge Knisley from Kevin Williams regarding Judge Knisley's decision to deny Pro se Plaintiff's Petition for Review. (See letter for details) (Tavarez, Jennifer) |
| Filing 6 Copy of Judge Howard F. Knisely's Order from the Court of Common Pleas of Lancaster County, Pennsylvania Criminal Division filed by Kevin Williams a/k/a Kirby Stewart. (Tavarez, Jennifer) |
| Filing 5 Letter dated 10/14/2021 to Judge Matsumoto from Kevin Williams. Pro se Plaintiff informs the Court that he decided to write after rereading Judge Matsumoto's 2018 Memorandum and Order filed in case 17cv5138. Pro se Plaintiff also encloses his letter addressed to Judge Knisley. (See letter for details) (Tavarez, Jennifer) |
| Filing 4 Letter from Kevin Williams (Brown, Marc) |
| Filing 3 Mail Returned as Undeliverable: DE #2 . Mail sent to Kevin Williams. Postal Notation: Failed Authentication, Return to sender, refused, unable to forward. (Tavarez, Jennifer) Modified on 8/14/2021 (Tavarez, Jennifer). |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Kevin Williams. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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