BURGESS v. IRWIN et al
| ROBERT LAMONT BURGESS |
| RANDY IRWIN and DISTRICT ATTORNEY OF BEAVER COUNTY |
| 2:2023cv01113 |
| June 16, 2023 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER GRANTING the (ECF No. #9 ) Motion for Extension of Time to File Answer. IT IS FURTHER ORDERED that Respondent's answer and time for furnishing the state court records to the Court are due no later than September 19, 2023. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/21/2023. 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 Bart Douglas Wischnowski on behalf of DISTRICT ATTORNEY OF BEAVER COUNTY. (Wischnowski, Bart) |
| Filing 9 First MOTION for Extension of Time to File Answer by DISTRICT ATTORNEY OF BEAVER COUNTY. (Wischnowski, Bart) |
| Filing 8 Return of Service Returned Executed by ROBERT LAMONT BURGESS. DISTRICT ATTORNEY OF BEAVER COUNTY served on 6/30/2023, answer due 7/21/2023; RANDY IRWIN served on 6/30/2023, answer due 7/21/2023. (kss) |
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Filing 7
ORDER DENYING AS MOOT Petitioner's #5 Motion for Leave to Proceed in forma pauperis. The #1 Petition for Writ of Habeas Corpus was filed June 16, 2023, along with the $5.00 filing fee, rendering this motion MOOT. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/07/2023. 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 Prisoner Trust Fund Account Statement by ROBERT LAMONT BURGESS. (bjw) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by ROBERT LAMONT BURGESS. (Attachments: #1 Envelope) (bjw) |
| Filing 4 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 3
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the (ECF. No. #1 ) Petition for Writ of Habeas and the (ECF No. #2 ) Brief in Support of Petition for Writ of Habeas Corpus upon the respondents, Randy Irwin, the Superintendent of S.C.I. Forest, the Attorney General of the Commonwealth of Pennsylvania and the District Attorney of Beaver 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 as required by 28 U.S.C. 2254(b) and (c). 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 06/26/2023. (jmb)
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| Filing 2 BRIEF in Support of #1 Petition for Writ of Habeas Corpus filed by ROBERT LAMONT BURGESS. (Attachments: #1 Envelope) (bjw) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 200004390), filed by ROBERT LAMONT BURGESS. (Attachments: #1 Exhibit 1, #2 Exhibit 1- additional pages, #3 Receipt, #4 Envelope) (bjw) |
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