RODGERS v. HARRY
| JAMES FRANKLIN RODGERS |
| LAUREL R. HARRY, KEN HOLLIBAUGH and ADA PETER WEEKS |
| 3:2023cv00196 |
| August 28, 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 October 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 NOTICE of Appearance by Nichole Marie Rice Smith on behalf of LAUREL R. HARRY, KEN HOLLIBAUGH, PETER WEEKS, Nichole Smith. (Smith, Nichole) |
| Filing 8 NOTICE of Appearance by Peter J. Weeks on behalf of LAUREL R. HARRY, KEN HOLLIBAUGH, PETER WEEKS. (Weeks, Peter) |
| Filing 7 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) |
Filing 6
ORDER DIRECTING that the United States Marshal shall make service of this order, together with a copy of the (ECF. No. #5 ) Petition for Writ of Habeas upon the respondents, Laurel R. Harry, Secretary of the Department of Corrections, Ken Hollibaugh, Superintendent of S.C.I. Somerset and Peter Weeks, District Attorney of Blair 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. 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 09/29/2023. (jmb)
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| Filing 5 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 200005718), filed by JAMES FRANKLIN RODGERS. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3) (jkn) |
| Filing 4 Filing fee: $5, receipt number 200005718 (jkn) |
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Filing 3
ORDER that Petitioner's Motion to Proceed in Forma Pauperis (ECF. No. #1 ) is DENIED.IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this case closed. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/14/2023. (jmb)
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| Filing 2 Prisoner Trust Fund Account Statement by JAMES FRANKLIN RODGERS. (jkn) |
| Magistrate Judge Lisa Pupo Lenihan added. (jkn) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by JAMES FRANKLIN RODGERS. (Attachments: #1 Habeas Petition lodged pending disposition of IFP Motion, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3, #5 Proposed Order) (jkn) |
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