Valentin-Roldan v. Commonwealth of Puerto Rico
| Francisco Valentin-Roldan |
| Commonwealth of Puerto Rico |
| 3:2023cv01404 |
| August 11, 2023 |
| US District Court for the District of Puerto Rico |
| Camille L Velez-Rive |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 13 SUMMONS Returned Executed by Francisco Valentin-Roldan upon Commonwealth of Puerto Rico served on 7/27/2023, answer due 8/17/2023. (nmm) |
| Filing 12 Summons Issued as to Commonwealth of Puerto Rico through the US Marshals with copy of Order, copy of Complaint and USM 285. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (Attachments: #1 USM 285) (ad) |
| Filing 11 NOTICE of Appearance by Franco Lorenzo Perez-Redondo on behalf of Francisco Valentin-Roldan (Perez-Redondo, Franco) |
Filing 10
ORDER granting #9 Motion for Leave to Proceed in forma pauperis; granting 3 Motion to Appoint Counsel. In compliance with the Judgment of the Court of Appeals for the First Circuit (Docket No. 1), this Court has reviewed the filing by Francisco Valentin-Roldan in this case and determines that it should be construed as a 28 U.S.C. 2254 petition. The Federal Public Defender is appointed to represent Plaintiff, assess the merits of Plaintiffs claims, and inform the Court in 30 days how this matter should proceed. Hector L. Ramos-Vega Appointed for Francisco Valentin-Roldan. Signed by Judge Camille L. Velez-Rive on 09/12/2023. (CVR)
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| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Francisco Valentin-Roldan, Pro Se. Responses due by 9/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit, #2 Envelope)(ab) |
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Filing 8
ORDER denying without prejudice #7 Motion for Leave to Proceed in forma pauperis for being in the Spanish language and for not complying with the Notice of Defective Filing at Docket No. 4. Plaintiff may refile the motion for leave to proceed in forma pauperis curing the deficiencies informed in the Notice of Defective Filing at Docket No. 4. The Clerk's Office shall send to Plaintiff the form used in this Court to request leave to proceed in forma pauperis to facilitate compliance thereof. Signed by Judge Camille L. Velez-Rive on 08/25/2023. (CVR)
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| Filing 7 ***SELECTED PARTIES*** MOTION for Leave to Proceed in forma pauperis in the Spanish language filed by Francisco Valentin-Roldan, Pro Se. Responses due by 9/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope) (mcm) Modified on 8/25/2023 to place restriction (mcm). |
| Filing 6 USCA ORDER: As this case has been transferred to the District Court for the District of Puerto Rico, Petitioner Francisco Valentin Roldan's tendered motion for leave to proceed in forma pauperis and supporting financial affidavit are transmitted to the district court (Docket No. 3:23-cv-01404-CVR (D.P.R.)) for action in the first instance. (mcm) |
| Filing 5 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Complaint. A new case has been opened and assigned to Judge Camille L. Velez-Rive. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number. All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (Copy of this notice and #4 Notice of Defective Filing sent to Pro Se by regular mail.) (mcm) |
| Filing 4 CLERK'S NOTICE OF DEFECTIVE FILING. Plaintiff did not pay the corresponding filing fee which is $5.00 for Habeas Corpus Complaints under 28 U.S.C. 2254, nor filed a Motion to Proceed in Forma Pauperis. Plaintiffs request to proceed without prepayment of fees does not comply with the requirements of 28 U.S.C. 1915 and L.Civ. Rs. 3.1 (a), (b)(2) and (c)(4). Plaintiff did not submit Motion to Proceed in Forma Pauperis. Plaintiff did not submit an Affidavit in Support of Motion to Proceed in Forma Pauperis.The Prisoner did not attach a statement certified by the appropriate institutional officer, showing all receipts, expenditures, and balances during the last six months in his/her institutional account. Notice of Compliance Deadline due by 9/14/2023. (ad) |
| Filing 3 ***SEE IMAGE ON DOCKET No. 2*** MOTION to Appoint Counsel filed by Francisco Valentin-Roldan, Pro Se. Responses due by 8/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm) |
| Filing 2 COMPLAINT against Commonwealth of Puerto Rico, filed by Francisco Valentin-Roldan, Pro Se. Service due by 11/9/2023. (Attachments: #1 Envelope, #2 USCA Transmittal Memo, #3 Docket Sheet, #4 USCA Notices)(mcm) (Additional attachment(s) added on 8/14/2023: #5 NPV PSLC Transmittal Memo) (mcm). |
| Filing 1 USCA JUDGMENT: Petitioner Francisco Valentin Roldan's filing captioned "Self right motion about Art 4 favorability law... " is TRANSFERRED to the District Court for the District of Puerto Rico. See Fed. R. App. P. 22(a). The district court may determine in the first instance whether the filing should be construed as a 28 U.S.C. 2254 petition or as some other type of filing that may be entertained by a federal court. The district court also may address in the first instance petitioner's request for appointment of counsel. (mcm) |
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| Plaintiff: Francisco Valentin-Roldan | |
| Represented By: | Federal Public Defender Office |
| Represented By: | Franco Lorenzo Perez-Redondo |
| Represented By: | Hector L. Ramos-Vega |
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| Defendant: Commonwealth of Puerto Rico | |
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