IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 29, 2012
MR. TABB BICKELL, WARDEN, ET AL.,
The opinion of the court was delivered by: David R. Strawbridge United States Magistrate Judge
EXPLANATION AND ORDER
This Court previously entered an order (Doc. No. 3) directing the Prothonotary of the First Judicial District of Pennsylvania to file with the Clerk of this Court copies of all records of State Court proceedings in the matter of Commonwealth v. Nathaniel Crawford, Case No. CP-51-CR-1102731-2001 (judgment of conviction date: February 19, 2004). The Court has been advised, however, that the Prothonotary cannot provide the record at this time due to the pendency of a PCRA petition in that matter.
Respondents have appended to their answer two pertinent Pennsylvania Superior Court opinions in this case. They have asserted that the petition is untimely, that Petitioner failed to exhaust certain claims asserted in his petition, and that his claims have no merit. Ordinarily, we would have the benefit of the Quarter Sessions file to refer to the pertinent documents in considering these issues. In light of the unavailability of that file, however, we must ask Respondents to provide us with a copy of these materials.
AND NOW, this day of June, 2012, in light of the foregoing and pursuant to Rule 5(c) of the Rules Governing Section 2254 Cases, IT IS HEREBY ORDERED THAT the District Attorney of Philadelphia County shall submit to the Court, on or before July 13, 2012, copies*fn1 of the following items:
1. Notes of Testimony of trial;
2. All PCRA petitions filed in this matter, whether pro se or counseled;
3. All briefs filed by Petitioner to the Pennsylvania Superior and/or Supreme Court; and
4. The opinions and orders of the state courts (both trial and appellate level) apart from the two Superior Court opinions already provided.
BY THE COURT:
David R. Strawbridge, USMJ