BOWSER v. WARDEN OF SCI ALBION, et al
TERRY LYNN BOWSER |
COMMONWEALTH OF PENNSYLVANIA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, WARDEN OF SCI ALBION and DISTRICT ATTORNEY OF MERCER COUNTY |
2:2023cv00074 |
January 17, 2023 |
US District Court for the Western District of Pennsylvania |
Patricia L Dodge |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Docket Report
This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 ORDER denying #7 Motion to Appoint Counsel for the reasons set forth in the Court's 3/13/23 #6 Memorandum Order. Signed by Magistrate Judge Patricia L. Dodge on 3/15/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe) |
Filing 7 MOTION to Appoint Counsel by TERRY LYNN BOWSER. (Attachments: #1 Envelope) (kss) |
Filing 6 MEMORANDUM ORDER. As set forth more fully in this memorandum order: (1) the Clerk of Court is directed to STRIKE the petition at #1 because Alicia Bowser lacked standing to file it on Terry Lynn Bowser's behalf; (2) this case is administratively closed; (3) Terry Lynn Bowser may reopen this case if, by April 14, 2023, he submits for filing a petition for a writ of habeas corpus signed by him under penalty of perjury. The Court is mailing to Terry Lynn Bowser as an attachment to this Order the petition #1 submitted by Alicia Bowser. If Terry Lynn Bowser would like to proceed with that petition, he must sign and date it at page 21 and submit it to the Court by the April 14, 2023 deadline. In the alternative, if Terry Lynn Bowser would like to proceed with another petition, he may do so by completing and signing the standard form titled Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By a Person In State Custody, which the Court is also providing to him as an attachment to this Order. If he uses this form, he must answer all of the questions on it, sign it under penalty of perjury and submit it by the April 14, 2023 deadline; and (4) that part of the Court's February 10, 2023 #2 Order directing Respondents to answer the petition and submit the state court record is VACATED. In the event that Terry Lynn Bowser complies with this Order and files a petition for a writ of habeas corpus signed and verified by him, the Court will issue the appropriate scheduling order setting the date by with Respondents' answer and the state court record is due. Signed by Magistrate Judge Patricia L. Dodge on 3/13/23. (jpe) |
Filing 5 Return of Service Returned Executed by TERRY LYNN BOWSER. DISTRICT ATTORNEY OF MERCER COUNTY served on 3/7/2023, answer due 3/28/2023; WARDEN OF SCI ALBION served on 3/3/2023, answer due 3/24/2023. (kss) |
Filing 4 Remark: Correspondence to the Court (Attachments: #1 Envelope) (kss) |
Filing 3 ORDER directing Petitioner to file consent-election form by 2/27/23. Signed by Magistrate Judge Patricia L. Dodge on 2/13/23. (jpe) |
Filing 2 ORDER. IT IS HEREBY ORDERED that the Clerk of Court shall terminate as a respondent the Commonwealth of Pennsylvania and Attorney General of the State of Pennsylvania because they are not proper respondents in this habeas action. IT IS FURTHER ORDERED that the United States Marshal shall make service of this Order, together with a copy of the Petition (ECF #1 ) upon the Respondents: (1) the Superintendent of SCI Albion; and (2) the District Attorney of Mercer County. Service shall be by certified mail. Costs to be advanced by the United States of America. Signed by Magistrate Judge Patricia L. Dodge on 2/10/2023. (sms) |
Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 200002134), filed by ALICIA BOWSER. (Attachments: #1 Exhibit, #2 Receipt, #3 Envelope) (kss) Modified text on 3/13/2023. (jpe) |
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