MCCLELLAND v. ZAKEN et al
| DAVID J. MCCLELLAND |
| MICHAEL ZAKEN, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and DISTRICT ATTORNEY OF WASHINGTON COUNTY |
| 2:2023cv01924 |
| November 6, 2023 |
| US District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| 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 December 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 NOTICE of Appearance by John P. Friedmann on behalf of MICHAEL ZAKEN. (Friedmann, John) |
| Filing 7 NOTICE of Appearance by John P. Friedmann on behalf of DISTRICT ATTORNEY OF WASHINGTON COUNTY. (Friedmann, John) |
Filing 6
TEXT ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE. The #5 MOTION for Stay in Abeyance by DAVID J. MCCLELLAND is GRANTED. It is hereby ORDERED that the instant federal habeas corpus proceeding is STAYED and ADMINISTRATIVELY CLOSED while Petitioner exhausts his state court remedies. See 28 U.S.C. 2254(b)(1). Should Petitioner seek to reopen this case, he should file a motion to reopen these proceedings within thirty (30) days of final disposition in state court. Such motion will not be deemed a second or successive petition. Signed by Magistrate Judge Cynthia Reed Eddy on 12/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) Modified text on 12/11/2023 to add document linkage. (kss)
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| Filing 5 MOTION for Stay in Abeyance by DAVID J. MCCLELLAND. (Attachments: #1 Exhibit 1, #2 Envelope) (kss) |
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Filing 4
ORDER : IT IS HEREBY ORDERED that the United States Marshal shall make service of this Order, together with a copy of the Petition (ECF No. 1) upon the Respondents: (1) the Superintendent of SCI Greene; (2) the District Attorney of Washington County, Pennsylvania, and (3) the Attorney General of the Commonwealth of Pennsylvania. Service shall be by certified mail. All costs to be advanced by the United States. IT IS FURTHER ORDERED that, within twenty-one (21) days of service of this Order, the District Attorney shall file an Answer to the Petition on behalf of all Respondents, as more fully set forth in the attached Order. Signed by Magistrate Judge Cynthia Reed Eddy on 11/13/2023. (cmc)
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Filing 3
ORDER denying as moot #2 Motion for Leave to Proceed in forma pauperis. In light of Petitioner paying in full the applicable filing fee in this matter, this motion is DENIED as moot. Signed by Magistrate Judge Cynthia Reed Eddy on 11/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by DAVID J. MCCLELLAND. (Attachments: #1 Prisoner Authorization Form, #2 Envelope) (kss) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 200006468), filed by DAVID J. MCCLELLAND. (Attachments: #1 Receipt, #2 Envelope) (kss) |
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