| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 1999-10-22 |
1 |
0 |
Petition for Writ of Habeas Corpus |
PETITION for writ of habeas corpus. FILING FEE $ 5.00 RECEIPT # 599 (mad) |
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| 1999-11-08 |
2 |
0 |
Order |
ORDER, that the U.S. Marshal shall make service of this order, together with a copy of the petition, upon the Respondents, Frederick K. Frank, the Attorney General of the Commonwealth of PA and the D.A. of McKean County by certified mail. It is further ordered that within 20 days of service of this order, respondent and the D.a. of McKean County, PA, shall respond to the allegations of the petition for writ of habeas corpus. The D.A. shall address both the merits of the petition and exhaustion of state court remedies. D.A shall furnish this court with the state court records, including all relevant transcripts, court Parties have 10 days to file Appeal to District Judge. ( signed by Magistrate Judge Francis X. Caiazza on 11/8/99 ) CM all parties of record. (mad) |
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| 1999-12-22 |
3 |
0 |
Response to Habeas Petition |
RESPONSE by FREDERICK K. FRANK, D. MICHAEL FISCHER to [1-1] petition volume 1 of 4 (mad) |
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| 1999-12-22 |
4 |
0 |
Response to Habeas Petition |
RESPONSE by FREDERICK K. FRANK, D. MICHAEL FISCHER to [1-1] petition volume 2 of 4 (mad) |
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| 1999-12-22 |
5 |
0 |
Response to Habeas Petition |
RESPONSE by FREDERICK K. FRANK, D. MICHAEL FISCHER to [1-1] petition volume 3 of 4 (mad) |
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| 1999-12-22 |
6 |
0 |
Response to Habeas Petition |
RESPONSE by FREDERICK K. FRANK, D. MICHAEL FISCHER to [1-1] petition volume 4 of 4 (mad) |
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| 1999-12-27 |
7 |
0 |
Summons/Returned Returned Executed |
RETURN OF SERVICE executed as to FREDERICK K. FRANK McKean County District Attorney 12/3/99; Attorney General Commonwealth of Pa 12/2/99. (mad) |
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| 2000-09-14 |
8 |
0 |
Motion for Miscellaneous Relief |
MOTION by ANDREW HANCHARIK to expand the record and obtain relevant State Court Records with Proposed Order. (mad) |
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| 2000-10-05 |
9 |
0 |
Order |
ORDER, Response to Motion set to 10/20/00 for [8-1] motion to expand the record and obtain relevant State Court Records ( signed by Magistrate Judge Francis X. Caiazza on 10/5/00 ) CM all parties of record. (nk) |
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| 2000-11-15 |
10 |
0 |
Order |
ORDER granting [8-1] motion to expand the record and obtain relevant State Court Records, The Respondent shall place in the record by Response 11/30/00 , Parties have 10 days to file Appeal to District Judge. ( signed by Magistrate Judge Francis X. Caiazza on 11/15/00 ) CM all parties of record. (mad) |
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| 2000-11-24 |
11 |
0 |
Appeal of Magistrate Judge Decision to District Court |
NOTICE OF APPEAL by FREDERICK K. FRANK, D. MICHAEL FISCHER of Magistrate Decision [10-1] order Response 11/30/00 dated 11/15/00 to District Judge. (mad) |
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| 2000-11-30 |
12 |
0 |
Order |
ORDER denying [11-1] Magistrate appeal It is ORDERED that the Appeal is DENIED and the 11/15/00 Order issued by Caiazza, M.J. is AFFIRMED. ( signed by Judge Sean J. McLaughlin on 11/30/00 ) CM all parties of record. (mad) |
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| 2001-01-18 |
13 |
0 |
Report and Recommendation |
REPORT AND RECOMMENDATION of Magistrate Judge Francis X. Caiazza signed on 1/18/01 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. (mad) |
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| 2001-02-05 |
14 |
0 |
Motion to Extend Time |
MOTION by ANDREW HANCHARIK to Extend Time with Proposed Order. (mad) |
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| 2001-02-20 |
15 |
0 |
Objections to Report and Recommendation |
OBJECTION by ANDREW HANCHARIK to [13-1] report and recommendations (mad) |
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| 2001-03-12 |
16 |
0 |
Order |
ORDER denying [1-1] petition and certificate of appealability, adopting [13-1] report and recommendations ( signed by Judge Sean J. McLaughlin on 3/12/01 ) CM all parties of record. (sdp) |
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| 2001-04-09 |
17 |
0 |
Notice of Appeal |
NOTICE OF APPEAL by ANDREW HANCHARIK from [16-1] order adopting [13-1] report and recommendations dated 4/9/01 FILING FEE $ 105.00 RECEIPT # 2895 TPO issued. (mad) |
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| 2002-05-28 |
18 |
0 |
USCA Order (Does Not Terminate Appeal) |
CERTIFIED COPY OF ORDER dated 5/21/02 from U.S. Court of Appeals for the Third Circuit directing that for the reasons given in the Magistrate Judge's Report and Recommendation, the request for a certificate of appealability is denied. Hancharik has failed to show adequate cause and prejudice or a fundamental miscarriage of justice to overcome the procedural default to the claims that were found to be barred by the District Court. His remaining, non-defaulted claim lacks merit for the reasons stated in the Magistrate Judge's Report and Recommendation. (mad) Modified on 06/18/2002 |
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