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Curtis Price As Actually Innocent Aka Abdul-El v. Kenneth P. Cameron

January 25, 2012

CURTIS PRICE AS ACTUALLY INNOCENT AKA ABDUL-EL SIDDIQUI KANTAMANTO
v.
KENNETH P. CAMERON, ET AL.



The opinion of the court was delivered by: J. William Ditter, Jr., Sr. J.

MEMORANDUM

January 25, 2012 Presently before this court is a pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Curtis Price and the response thereto. Price, who is currently incarcerated in the State Correctional Institution in Cresson, Pennsylvania, challenges his incarceration for burglary. For the reasons that follow, the petition will be dismissed.

FACTS AND PROCEDURAL HISTORY:

On October 22, 2007, Price entered a negotiated guilty plea before the Honorable Sandy L.V. Byrd, Court of Common Pleas of Philadelphia County, wherein he pled guilty to burglary as a felony of the first degree in exchange for the dismissal of all other charges through the entry of nolle prosequi by the Commonwealth.*fn1 Pursuant to the terms

of his negotiated plea, Price was sentenced on November 13, 2007, to a period of 5-10 years of imprisonment. Price did not file a motion for reconsideration, a motion to withdraw his plea or a direct appeal.*fn2

In April 9, 2008, Price filed a timely petition under Pennsylvania's Post Conviction Relief Act ("PCRA"), 42 Pa. Con. Stat. § 9541, et seq. Counsel appointed to represent Price in his PCRA matter subsequently filed a letter pursuant to Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988), certifying that he had reviewed the entire record and concluded that there were no meritorious issues to advance before the PCRA court. Counsel was permitted to withdraw from representation. The PCRA court dismissed Price's petition on August 14, 2009. Price did not appeal.

On August 18, 2010, Price filed a second PCRA petition. The PCRA court dismissed Price's petition as untimely on July 15, 2011.*fn3 Price did not appeal.

In the meantime, on April 13, 2011, Price filed the instant petition for a federal writ of habeas corpus claiming:

1) he is actually innocent of the charges to which he pled guilty because he was under the influence of drugs when the crime was committed;

person, and impersonating a public servant. See Written Guilty Plea Colloquy, attached as Ex. "A" to Respondents' Response to Pet. for Writ of Habeas Corpus.

2) his guilty plea was coerced;

3) pleas counsel was ineffective; and

4) he was denied a speedy trial.*fn4

Respondents' answer asserts that Price is not entitled to federal habeas relief because ...


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