LYNCH v. GARMAN et al
Pennsylvania Eastern District Court | |
Judge: | Timothy J Savage |
Referred: | Elizabeth T Hey |
Case #: | 5:18-cv-04924 |
Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
Case Filed: | Nov 13, 2018 |
Re-opened: | May 02, 2024 |
Terminated: | May 02, 2024 |
Petitioner
CALVIN B. LYNCH
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Respondent
GARMAN
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Respondent
THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
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Respondent
THE DISTRICT ATTORNEY OF LANCASTER COUNTY
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Docket last updated: 48 minutes ago |
Tuesday, August 27, 2024 | ||
49 | 49
![]() ORDER of USCA as to45 Notice of Appeal filed by CALVIN B. LYNCH THAT APPELLANT'S REQUEST FOR A CERTIFICATE OF APPEALABILITY IS DENIED. (er) |
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Thursday, June 20, 2024 | ||
48 | 48
![]() Clerks Office Response to Status Update(sbt) |
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Att: 1
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47 | 47
![]() Request for Status Update dated 6/2/24 by CALVIN B. LYNCH (sbt) |
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Tuesday, May 28, 2024 | ||
46 | 46
![]() NOTICE of Docketing Record on Appeal from USCA re45 Notice of Appeal. USCA Case Number 24-1972 (bw) |
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Thursday, May 23, 2024 | ||
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Thu 05/23 11:15 AM
COPY OF DOC. NO. 45 HAS BEEN MAILED TO PRO SE. (bw) |
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Tuesday, May 14, 2024 | ||
45 | 45
![]() NOTICE OF APPEAL by CALVIN B. LYNCH. (NO FEE PAID) (bw) Modified on 5/23/2024 (bw) |
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Thursday, May 02, 2024 | ||
44 | 44
![]() ORDER THAT THE43 MOTION FOR RELIEF UNDER 60B IS DENIED. IT IS FURTHER ORDERED THAT NO CERTIIFCATE OF APPEALABILITY WILL ISSUE BECAUSE THE PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT UNDER 28 USC SEC. 2253(C)(2). SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 5/2/24.5/2/24 ENTERED & E-MAILED. COPY MAILED TO LYNCH.(fdc) |
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Thursday, February 29, 2024 | ||
43 | 43
![]() MOTION FOR RELIEF FROM JUDGMENT filed by CALVIN B. LYNCH..(bw) |
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Monday, January 08, 2024 | ||
42 | 42
![]() ORDER of USCA as to40 Notice of Appeal. The foregoing appeal is dismissed for lack of jurisdiction as the notice of appeal was untimely filed. (bw) |
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Thursday, October 12, 2023 | ||
41 | 41
![]() NOTICE of Docketing Record on Appeal from USCA re40 Notice of Appeal. USCA Case Number 23-1861 (bw) |
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Friday, September 29, 2023 | ||
40 | 40
![]() NOTICE OF APPEAL by CALVIN B. LYNCH. Copies to Judge, Clerk USCA. No fee, No IFP.(bw) Modified on 10/11/2023 (lisad, ) |
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Att: 1
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Monday, September 25, 2023 | ||
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Mon 09/25 10:10 AM
DOC. NO. 38 MAILED TO PRO SE PETITIONER (ems) |
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Thursday, September 21, 2023 | ||
39 | 39
![]() Letter to Clerk dated 9/15/23 Requesting38 to be Resent, by CALVIN B. LYNCH. Envelope. (va) |
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Tuesday, March 07, 2023 | ||
38 | 38
![]() ORDER THAT THE PETITIONERS MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 60(B)36 AND IT APPEARING THAT THE ORDER OF MARCH 7, 202337 WAS ISSUED IN ERROR, IT IS ORDERED AS FOLLOWS: THE ORDER OF MARCH 7, 2023, TRANSFERRING THIS CASE TO THE THIRD CIRCUIT COURT OF APPEALS IS VACATED. THE PETITIONERS MOTION IS DENIED. NO CERTIFICATE OF APPEALABILITY WILL ISSUE BECAUSE THE PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT UNDER 28 U.S.C. § 2253(C)(2). SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 3/7/23. 3/7/23 ENTERED AND COPIES E-MAILED, MAILED TO PRO SE.(bw) |
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37 | 37
![]() ORDER THAT THE PETITIONERS MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 60(B)36 AND IT APPEARING THAT THE MOTION IS A SUCCESSIVE PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2254, IT IS ORDERED THAT PURSUANT TO 28 U.S.C. § 1631 THE PETITION IS TRANSFERRED TO THE THIRD CIRCUIT COURT OF APPEALS TO DETERMINE WHETHER THE DISTRICT COURT MAY CONSIDER PETITIONERS SUCCESSIVE PETITION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 3/7/23. 3/7/23 ENTERED AND COPIES E-MAILED, MAILED TO PRO SE.(bw) Modified on 3/7/2023 (bw) |
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Tuesday, February 21, 2023 | ||
36 | 36
![]() MOTION FOR RELIEF FROM JUDGMENT filed by CALVIN B. LYNCH..(bw) |
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Wednesday, January 04, 2023 | ||
35 | 35
![]() ORDER of USCA as to30 Appellants request for a certificate of appealability is denied. For essentially the same reasons, Appellants request for appointed counsel in thisCourt is denied; as outlined herein.. Notice of Appeal filed by CALVIN B. LYNCH (bw) |
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Thursday, June 09, 2022 | ||
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Thu 06/09 11:39 AM
DOC 34 MAILED TO PRO SE (rf, ) |
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Wednesday, June 08, 2022 | ||
34 | 34
![]() ORDER THAT THE PETITIONERS MOTION FOR RECONSIDERATION PURSUANT TO FED.R.CIV.P. RULE 59(E)33 , IT IS ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 6/8/22.6/8/22 ENTERED AND COPIES E-MAILED.(bw) |
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Friday, April 29, 2022 | ||
33 | 33
![]() MOTION for Reconsideration filed by CALVIN B. LYNCH..(bw) |
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Fri 04/29 7:49 AM
COPY OF DOC. NO. 31 HAS BEEN MAILED TO PRO SE. (bw) |
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Thursday, April 28, 2022 | ||
32 | 32
![]() NOTICE of Docketing Record on Appeal from USCA re Notice of Appeal filed by CALVIN B. LYNCH. USCA Case Number 22-1799 (bw) |
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31 | 31
![]() ORDER THAT THE PETITIONERS NOTICE OF APPEAL FOR THE APPLICATION OF CERTIFICATE OF APPEALABILITY30 , IT IS ORDERED THAT BECAUSE THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/28/22. 4/28/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO PRO SE.(bw) |
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Monday, April 25, 2022 | ||
30 | 30
![]() PETITIONERS NOTICE OF APPEAL FOR THE APPLICATION OF CERTIFICATE OF APPEALABILITY WITH PROOF OF SERVICE by CALVIN B. LYNCH. Copies to Judge, Clerk USCA, Appeals Clerk (NO FEE PAID; NO IFP FILED) (bw) |
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Thursday, April 14, 2022 | ||
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Thu 04/14 8:49 AM
Document 28 and 29 Mailed to: CALVIN B. LYNCH. (DT) |
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Tuesday, April 12, 2022 | ||
29 | 29
![]() ORDER THAT THE PETITIONERS MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 60(B)24 AND PETITIONERS AMENDED RULE 60(B) MOTION23 WHICH WE SHALL TREAT AS ONE MOTION, AND THE RESPONSE, IT IS ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/12/22. 4/13/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO PRO SE.(bw) |
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28 | 28
![]() MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/12/22. 4/13/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO PRO SE.(bw) Modified on 4/13/2022 (bw) |
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Thursday, March 31, 2022 | ||
27 | 27
![]() COMMONWAELTH'S ANSWER TO PETITIONER'S RULE 60(B) MOTION by Tiffanie M. Camarota, THE DISTRICT ATTORNEY OF LANCASTER COUNTY.. (bw) |
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Tuesday, March 29, 2022 | ||
26 | 26
![]() RESPONSE in Opposition re24 MOTION for Relief Under 60B,23 MOTION for Relief Under 60B filed by THE DISTRICT ATTORNEY OF LANCASTER COUNTY. (CAMAROTA, TIFFANIE) |
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Thursday, February 17, 2022 | ||
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Thu 02/17 8:27 AM
PAPER #25 MAILED TO PRO SE (JL) |
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Wednesday, February 16, 2022 | ||
25 | 25
![]() ORDER THAT THE MOTIONS FOR RELIEF UNDER RUL 60(b)23 24 , RESPONDENTS SHALL FILE THEIR RESPONSES TO THE MOTIONS NO LATER THAN 4/1/2022. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/22. 2/16/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO PRO SE.(bw) |
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utility
Set Motion and R&R Deadlines/Hearings
Thu 02/17 11:28 AM
Set/Reset Deadlines as to23 MOTION for Relief Under 60B,24 MOTION for Relief Under 60B. RESPONSES DUE BY 4/1/2022. (bw) |
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Friday, December 24, 2021 | ||
24 | 24
![]() MOTION for Relief Under 60B filed by CALVIN B. LYNCH. Envelope. (va, ) |
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Friday, November 05, 2021 | ||
23 | 23
![]() AMENDED MOTION for Relief Under 60B filed by CALVIN B. LYNCH. Envelope. (va, ) |
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Wednesday, February 24, 2021 | ||
22 | 22
![]() ORDER of USCA as to20 Notice of Appeal filed by CALVIN B. LYNCH THAT APPELLANTS APPLICATION FOR CERTIFICATE OF APPEALABILITY IS DENIED (rf, ) |
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Monday, October 19, 2020 | ||
21 | 21
![]() NOTICE of Docketing Record on Appeal from USCA re20 Notice of Appeal filed by CALVIN B. LYNCH. USCA Case Number 20-3099 (ke, ) |
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Wednesday, October 07, 2020 | ||
20 | 20
![]() PETITIONERS NOTICE OF APPEAL FOR THE APPLICATION OF CERTIFICATE OF APPEALABILITY WITH PROOF OF SERVICE by CALVIN B. LYNCH. Copies to Judge, Clerk USCA, Appeals Clerk and (jaa, ) |
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Tuesday, August 11, 2020 | ||
19 | 19
![]() ORDERED THAT THE PETITIONERS OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE ELIZABETH T. HEY IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED; AND, THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/11/20. 8/11/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, ) |
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Friday, February 14, 2020 | ||
18 | 18
![]() ***(Court Only) Civ624 Notice to the Court regarding Report and Recommendation.(jaa, ) |
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Thursday, February 13, 2020 | ||
17 | 17
![]() OBJECTION(S) TO REPORT AND RECOMMENDATION WITH PROOF OF SERVICE by CALVIN B. LYNCH. (jaa, ) |
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Thursday, January 02, 2020 | ||
16 | 16
![]() ORDER THAT THE MOTION FOR EXTENSION OF FILE OBJECTION TO REPORT AND RECOMMENDATION IS GRANTED. IT IS FURTHER ORDERED THAT THE PETITIONER SHALL FILE HIS OBJECTIONS TO THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE ELIZABETH T. HEY NO LATER THAN 2/14/2020. SIGNED BY HONORABLE WENDY BEETLESTONE ON 1/2/2020.1/3/2020 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(sg, ) |
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utility
Set Motion and R&R Deadlines/Hearings
Fri 01/03 12:37 PM
Set/Reset Deadlines as to13 REPORT AND RECOMMENDATIONS re1 Petition for Writ of Habeas Corpus filed by CALVIN B. LYNCH. OBJECTIONS TO R&R DUE BY 2/14/2020 (sg, ) |
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Friday, December 27, 2019 | ||
15 | 15
![]() CALVIN B. LYNCH MOTION FOR EXTENSION TO FILE OBJECTIONS TO REPORT AND RECOMMENDATION, CERTIFICATE OF SERVICE..(jl, ) |
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Friday, December 13, 2019 | ||
14 | 14
![]() Receipt of State Court Record on 12/13/19, sent from THE CHAMBERS OF THE HONORABLE ELIZABETH T. HEY, UNITED STAES MAGISTRATE JUDGE to CHAMBERS OF THE HONORABLE JUDGE TIMOTHY J. SAVAGE. (jpd, ) |
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13 | 13
![]() REPORT AND RECOMMENDATIONS re1 Petition for Writ of Habeas Corpus filed by CALVIN B. LYNCH, THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE DENIED.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 12/13/2019. 12/16/2019 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(sg, ) |
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Thursday, June 06, 2019 | ||
12 | 12
![]() Response to Respondent's Memorandum of Law filed by CALVIN B. LYNCH, Certificate of Service. (mbh, ) |
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Att: 1
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Wednesday, March 13, 2019 | ||
11 | 11
![]() ORDER THAT PETITIONER'S MOTIONS FOR EXTENSION OF TIME TO FILE A REPLY BRIEF IN EACH CASE 18-3998 DOC. 34 & 18-4924 DOC. 10) ARE GRANTED. PETITIONER MAY FILE A REPLY BRIEF IN EACH CASE ON OR BEFORE 6/5/2019.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 3/13/19. 3/13/19 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL.(pr, ) |
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Monday, March 11, 2019 | ||
10 | 10
![]() APPLICATION for extension of time to respond to respondents answer to petition for writ of habeas corpus filed by CALVIN B. LYNCH. Proof of Service. (pr, ) |
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Friday, February 22, 2019 | ||
9 | 9
![]() First RESPONSE to1 Petition for Writ of Habeas Corpus by GARMAN, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF LANCASTER COUNTY.(RILEY, AMARA) |
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Att: 1
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Att: 2
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Att: 3
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Att: 4
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Att: 5
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Att: 6
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Wednesday, February 06, 2019 | ||
8 | 8
![]() Memorandum of Law by CALVIN B. LYNCH. (fdc) |
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Thursday, December 13, 2018 | ||
7 | 7
![]() ORDER THAT THE COMMONWEALTH'S APPLICATION FOR EXTENSION OF TIME IS GRANTED. THE COMMONWEALTH SHALL FILE ITS ANSWER ON OR BEFORE 2/24/2019.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 12/13/18. 12/13/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL.(pr, ) |
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Wednesday, December 12, 2018 | ||
6 | 6
![]() First MOTION for Extension of Time to File Answer filed by GARMAN, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF LANCASTER COUNTY.Motion for Extension of Time to File Answer.Motions referred to ELIZABETH T. HEY.(RILEY, AMARA) |
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5 | 5
![]() First MOTION for Extension of Time to File Answer filed by GARMAN, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF LANCASTER COUNTY.Motion for Extension of Time to File Answer.Motions referred to ELIZABETH T. HEY.(RILEY, AMARA) |
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Tuesday, November 27, 2018 | ||
4 | 4
![]() ORDER THAT THE THE DISTRICT ATTORNEY OF LANCASTER COUNTY SHALL FILE SPECIFIC AND DETAILED ANSWERS TO THE PETITION WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. THE PROTHONOTARY, CLERK OF COURT, OR OFFICE OF JUDICIAL SUPPORT OF LANCASTER COUNTY SHALL FILE WITH THE CLERK OF THIS COURT COPIES OF ALL RECORDS, INCLUDING TRANSCRIPTS OF NOTES OF TESTIMONY AT ARRAIGNMENT, TRIAL, SENTENCING, SUPPRESSION HEARINGS, POST CONVICTION HEARINGS, PETITIONS, PLEADINGS, OPINIONS AND BRIEFS OF STATE COURT PROCEEDINGS IN THE MATTER OF COMMONWEALTH v. LYNCH, COURT OF COMMON PLEAS OF LANCASTER COUNTY,CP-36-CR-0005345-2009 AND CP-36-CR-0005350-2009 WITHIN 30 DAYS OF THE DATE OF THIS ORDER. PRISONER STATE RECORD DUE BY 12/27/2018.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 11/26/18. 11/27/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, RESPONDENT, D.A.-LANCASTER COUNTY AND E-MAILED TO CCP-LANCASTER COUNTY.(pr, ) |
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Tue 11/27 2:07 PM
Mailed docket, petition, and order dated 11/26/18 to D.A.-Lancaster County, respondent, PA Attorney General (Harrisburg & Phila. County) (pr, ) |
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Wednesday, November 21, 2018 | ||
3 | 3
![]() ORDER THAT THIS ACTION IS REFERRED TO THE HONORABLE ELIZABETH T. HEY, UNITED STATES MAGISTRATE JUDGE, FOR A REPORT AND RECOMMENDATION. IT IS FURTHER ORDERED THAT PURSUANT LOCAL CIVIL RULE 72.1.IV(c), ALL ISSUES AND EVIDENCE SHALL BE PRESENTED TO THE UNITED STATES MAGISTRATE JUDGE, ETC. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/21/18. 11/21/18 ENTERED AND COPIES MAILED TO PRO SE.(ti, ) Modified on 11/21/2018 (ti, ) |
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Tuesday, November 13, 2018 | ||
2 | 2
![]() PRO SE NOTICE RE:GUIDELINES (ahf) |
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1 | 1
![]() PETITION for Writ of Habeas Corpus (No Fee, No IFP), filed by CALVIN B. LYNCH.(ahf) |