Case details

Court: pawd
Docket #: 1:97-cv-00109
Case Name: TUCKER v. VARNER
PACER case #: 7204
Date filed: 1997-04-21
Date terminated: 2000-09-20
Date of last filing: 2004-02-05

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1997-04-21 1 0 Petition for Writ of Habeas Corpus PETITION for writ of habeas corpus. FILING FEE $ 5.00 RECEIPT # 97005724 (lrw)
1997-04-21 2 0 Motion for Miscellaneous Relief MOTION by RICK NEIL TUCKER for Exemption with Proposed Order. (lrw)
1997-04-29 3 0 Order ORDER, the Clerk is directed to file the petition . It is further ordered that the United States Marshal shall make service of this order, together with a copy of the petition, upon the respondents by certified mail . Within 20 days of service of this order, respondent and the District Attorney shall respond to the allegations of the petition for writ of habeas corpus. The District Attorney shall furnish this court with the state court records. The parties are allowed 10 days from this date to appeal this order to a district judge pursuant to Local Rule 72.1.3 B. ( signed by Magistrate Judge Susan P. Baxter on 4/28/97 ) CM all parties of record. (lrw)
1997-05-13 4 0 Motion for Miscellaneous Relief MOTION by RICK NEIL TUCKER for allowance of over-pagination of petitioner's brief with Proposed Order. (sdp)
1997-05-13 5 0 Brief in Support of Motion BRIEF by RICK NEIL TUCKER in support of writ. (sdp)
1997-07-23 6 0 Response to Habeas Petition RESPONSE by BEN VARNER to [1-1] petition (sdp)
1997-07-23 7 0 Brief in Opposition to Motion BRIEF by BEN VARNER in opposition to petition for writ of habeas corpus. (sdp)
1997-08-13 8 0 Response RESPONSE by RICK NEIL TUCKER to [6-1] petition response by BEN VARNER (mad)
1999-08-11 9 0 Remark LETTER OF INQUIRY by Rick Neil Tucker (nk)
2000-08-11 10 0 Report and Recommendation REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 8/11/00 Recommending that [1-1] petition be denied and that a certificate of appealability be denied ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (lrw)
2000-08-21 11 0 Motion to Extend Time MOTION by RICK NEIL TUCKER to Extend Time to file objections (sdp)
2000-09-08 12 0 Objections to Report and Recommendation OBJECTION by RICK NEIL TUCKER to [10-1] report and recommendations (nk)
2000-09-20 13 0 Order MEMORANDUM ORDER denying [1-1] petition, adopting [10-1] report and recommendations , ORDERED that a certificate of appealability is DENIED ( signed by Judge Sean J. McLaughlin on 9/20/00 ) CM all parties of record. (nk)
2000-10-23 14 0 Notice of Appeal NOTICE OF APPEAL by RICK NEIL TUCKER from [13-1] order adopting [10-1] report and recommendations dated 9/20/00 . (nk)
2000-10-23 15 0 Motion for Leave to Proceed in forma pauperis MOTION by RICK NEIL TUCKER to Proceed in Forma Pauperis with Proposed Order. (nk)
2002-04-08 16 0 TPO (Transcript Purchase Order Request) Transcript Purchase order re: [14-1] appeal by RICK NEIL TUCKER. No transcript necessary for appeal purposes. (nk)
2004-01-16 17 0 USCA Judgment Certified copy of JUDGMENT issued in lieu of a formal mandate received from USCA re: [14-1] appeal by RICK NEIL TUCKER. ORDERED AND ADJUDGED by U.S.C.A. that the judgment entered on 9/21/00 by the District Court, be and the same is hereby AFFIRMED IN PART and REVERSED IN PART. The case is remanded with directions to grant the writ of habeas corpus on Tucker's convictions for the Meadville robbery. The commonwealth of Pennsylvania may retry Tucker. The writ will be issued conditioned upon a retrial within 180 days fro mthe date on which the District Court enters its order. (nk)
2004-02-05 18 0 Order ORDER granting [1-1] petition conditioned upon the Commonwealth's right to retry Petitioner within 180 days from the date of this Order ( signed by Judge Sean J. McLaughlin on 2/5/04 ) CM all parties of record. (nk)