Renchenski v. McGinley et al
| CHARLES S. RENCHENSKI |
| Superintendent McGinley and PENNSYLVANIA ATTORNEY GENERAL'S OFFICE |
| 3:2023cv00038 |
| March 2, 2023 |
| US District Court for the Western District of Pennsylvania |
| Keith A Pesto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 9
ORDER re #1 Petition for Writ of Habeas Corpus filed by CHARLES S. RENCHENSKI. Under settled precedent, this is a second or successive petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Pursuant to 28 U.S.C. 2244(b)(3)(A), petitioner is required to obtain authorization from the Court of Appeals before the petition can be considered by a judge of this court. The Clerk shall transfer this matter to the Court of Appeals for the Third Circuit. Pursuant to Third Circuit Local Appellate Rule 22.5(h) (2011), the Clerk of the District Court shall transmit the record in Case No. 3:10-cv-217 (W.D.Pa) in addition to the certified record in this case. Signed by Magistrate Judge Keith A. Pesto on 3/3/2023. Copy mailed to non-ECF user (RENCHENSKI) on 3/3/2023. (bgs)
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NOTIFICATION TO THIRD CIRCUIT COURT OF APPEALS re #9 Order: Pursuant to 28 U.S.C. 2244(b)(3)(A), petitioner is required to obtain authorization from the Court of Appeals before the petition can be considered by a judge of this court. The Clerk shall transfer this matter to the Court of Appeals for the Third Circuit. Petitioner has a previous habeas case at 3:10-cv-217. (bgs)
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| Filing 8 Case transferred in from District of Pennsylvania Middle; Case Number 1:22-cv-02050. Original file certified copy of transfer order and docket sheet received. |
| Magistrate Judge Keith A. Pesto added. (cel) |
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Filing 7
ORDER TRANSFERRING CASE - AND SO, on this 28th day of February 2023, upon preliminary review of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254 (Doc. Nos. 1, 2, 2-1), and in accordance with the foregoing, IT IS ORDERED THAT: 1. The Clerk of Court is directed to TRANSFER the above-captioned action to the United States District Court for the Western District of Pennsylvania; 2. The Clerk of Court is further directed to CLOSE this case; and3.The Court finds no basis to issue a certificate of appealability. See 28 U.S.C. 2253(c); R. Governing 2254 Cases R. 11(a). SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 2/28/23. (dmn)
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| Filing 6 Supplement ( entitled Motion for issueance of the writ of H/C...) by Charles S. Renchenski. to #1 Petition for Writ of Habeas Corpus. (sm) |
| Receipt of payment from CHARLES RENCHENSKI in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 12/27/2022. Receipt number 333102431 processed by GR. (tp) |
| Filing 5 Filing fee: $ 5.00, receipt number 333102431. Petition is now deemed FILED. (dw) |
| Filing 4 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) (Main Document 4 replaced on 1/5/2023) (lp). |
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Filing 3
EXHIBIT-Application for Writ of Habeas Corpus (Challenging Constitutionality of Confinement) from Court of Common Pleas of Clearfield County Case No. CP-17-CR-000481-1982) by Charles S. Renchenski. (Attachments: #1 Exhibit 2-Notice of Intent to Dismiss signed by Judge Fredric J. Ammerman of the Court of Common Pleas of Clearfield County Criminal Case No. CP-17-CR-0481-1982, #2 Exhibit 3-Order of Dismissal signed by Judge Frederic Ammerman of the Court of Common Pleas of Clearfield County RE: CP-17-CR-0481, #3 Exhibit 4-Opinion rendered by Judge Frederic Ammerman of the Court of Common Pleas of Clearfield County dated 03/06/2020 RE: CP-17-CR-481-1982, #4 Exhibit 5-Application for Writ of Habeas Corpus filed in the Court of Common Pleas of Clearfield County (Challenging Constitutionality of Confinement) dated 03/16/21, #5 Exhibit 6-Opinion and Order signed by Judge Frederic Ammerman, #6 Exhibit 7-Non-Precedential Decision - See Superior Court I.O.P. 65.37 Case No. 1735 WDA 2019 dated 06/30/2020, #7 Exhibit 8-Copies of Orders from the Supreme Court of Pennsylvania Western District No. 71 WM 2021, #8 Exhibit 9-Unidentified copy of docket Commonwealth of PA v. Renchenski, #9 Exhibit 10-Unidentified copy of list of documents in Criminal Action)(lp) (Additional attachment(s) added on 12/27/2022: #10 Exhibit 11-Petition for Leave to Withdraw as Counsel and for Payment of Fees signed by John R. Ryan, Esquire in the Court of Common Pleas of Clearfield County No. 82-481-CRA, #11 Exhibit 12-Criminal Docket CP-17-CR-0000481-1982 Court of Common Pleas of Clearfield County, #12 Exhibit 13-Order granting the petition for an allowance of Appeal signed by Deputy Prothonotary from the Supreme Court of Pennsylvania Western District dated 01/25/2005, #14 Exhibit 14-Order and Opinion dated 01/30/2009 from the Court of Common Pleas of Clearfield County No. CP-17-CR-481-1982 signed by Frederic Ammerman) (lp). (Additional attachment(s) added on 12/27/2022: #15 Exhibit 18-Correspondence to Petitioner from Mark G. Weitzman, Disciplinary Counsel of the Disciplinary Board of the Supreme Court of Pennsylvania dated 05/10/2011, #16 Exhibit 19-Correspondence to Attorney Colavecchi from Petitioner dated 09/19/2011, #17 Exhibit 20-Appellant's Amended Brief submitted by Paul Colavecchi, Esquire in the Supreme Court of Pennsylvania Sitting in Pittsburgh Docket No. 34 WAP 2010, #18 Exhibit 21-Partial Excerpts from Appeal from PCRA Order Superior Court of Pennsylvania No. 214 WDA 2009, #19 Exhibit 22-Order Denying the Application for Leave to File Supplement to Petition for Allowance of Appeal by the Supreme Court of Pennsylvania Western District dated 10/25/2010, #20 Exhibit 23-Opinion on Appeal from the Order of the Superior Court entered 12/7/2009 from the Supreme Court of Pennsylania Western District, #22 Exhibit 24-Signature Page of an Excerpt of a Report and Recommendation signed by Keith A. Pesto, United States Magistrate Judge dated 03/25/2015) (lp). (Additional attachment(s) added on 12/27/2022: #24 Exhibit 25-Signature Page excerpt of an Order denying petitioner's petition for writ of habeas corpus and certificate of appealability signed by Honorable Kim R. Gibson, USDJ, #25 Exhibit 26-Petitioner's Appeal Brief submitted to the Supreme Court of Western District of Pennsylvania) (lp).
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| Filing 2 Memorandum of Law Part I - Pages 1 -45 by Charles S. Renchenski.. (Attachments: #1 Memorandum of Law Part II - Pages 46-103)(lp) |
| Filing 1 Cover Letter/PETITION for Writ of Habeas Corpus with explanation of petition he has submitted, ( Filing fee $5, Receipt Number 333), filed by Charles S. Renchenski.(lp) |
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