United States District Court, W.D. Pennsylvania
Pupo Lenihan United States Magistrate Judge.
before this Court is a Petition for Writ of Habeas Corpus
(“Petition”) filed by Randall Eugene Parran
(“Petitioner”) pursuant to 28 U.S.C. § 2241.
(ECF No. 5.) Petitioner is a pretrial detainee awaiting
disposition of state criminal charges in Allegheny County for
one (1) count each of Criminal Use of Communication Facility,
18 Pa.C.S.A. § 7512(A), Possession with Intent to
Deliver, 35 Pa.C.S.A. § 780-113(A)(30), and Possession,
35 Pa.C.S.A. § 780-113(A)(16). Commonwealth v.
Parran, CP-02-CR-0006880-2016 (Pa. Comm. Pleas Ct.).
Petition, Petitioner alleges that on April 19, 2016, he
mailed to the state court a petition for writ of habeas
corpus challenging the Commonwealth's probable cause for
his arrest. (ECF No .5, p.2.) When he learned that his
petition had not been filed, he mailed it again on June 2,
2016. (ECF No. 5, p.2.)
also alleges that during his preliminary hearing that was
held on June 8, 2016, he “successfully
challenged” the issue of probable cause to initiate his
arrest. (ECF No. 5, p.2.) However, he states that the
magistrate judge “still held the matter for court even
though the Commonwealth produce[d] no evidence to establish a
prima facie case.” (ECF No. 14, p.2.) He states he
filed another petition for writ of habeas corpus on July 31,
2016. (ECF No. 14, p.2.)
claims that, to this day, the state court has failed to file
and rule on his petition for writ of habeas corpus, and,
therefore, his First Amendment right to petition the court
has been violated. (ECF No. 14, p.2.) He requests that this
Court order his release on a recognizance bond. (ECF No. 14,
docket sheets for the Common Pleas Court, the Magisterial
District Judge, and the Pennsylvania Superior Court and
Supreme Court are available online and this Court shall take
judicial notice of them. Those dockets, along with the
pending Petition, establish the following facts.
is in the pretrial stages of a criminal case filed at
CP-02-CR-0006880-2016, in the Allegheny County Court of
Common Pleas, Criminal Division. See supra.
was arraigned on March 23, 2016, and his bail was set at $25,
000. Commonwealth v. Parran,
MJ-05003-CR-0002290-2016 (Pa. Magis. Ct.). His preliminary
hearing was held on June 8, 2016, at which time he signed a
waiver of counsel form and proceeded pro se. His
case was transferred to the Court of Common Pleas on June 10,
was formally arraigned on July 27, 2016, and once the case
was transferred to the Court of Common Pleas, Petitioner
began to file a plethora of motions. Commonwealth v.
Parran, CP-02-CR-0006880-2016 (Pa. Comm. Pleas Ct.). The
docket reveals that in August, 2016, Petitioner filed a
pro se petition for writ of habeas corpus (Aug. 4),
pro se motion to suppress drugs cell phone evidence
(Aug. 10), pro se motion for pretrial discovery
(Aug. 17), pro se notice of objections to the
court's jurisdiction void proceedings (Aug. 18), and a
pro se notice of objection to pretrial conference
(Aug. 29). Also in August, Petitioner's attorney, Andrew
Capone, Esquire, filed a motion for leave to withdraw as
counsel (Aug. 26).
September 2016, Petitioner filed a pro se motion for
dismissal based on the Commonwealth's failure to comply
with discovery Pa.R.Crim.P. 5465 and a motion for upcoming
Rule 600 violation (Sept. 13), a pro se objection to
appointment of counsel (Sept. 13), another pro se
objection to appointment of counsel (Sept. 20), and a pro
se motion for immediate hearing Rule 600 violation
(Sept. 20). Also in November, the court held a motions
hearing on September 15, 2016, regarding Attorney
Capone's motion to withdraw as Petitioner's counsel.
On September 21, 2016, Judge Sasinoski appointed attorney
Mike Foglia, Esquire, to represented Petitioner.
October 2016, Petitioner filed a pro se objection to
appointment of counsel (Oct. 24).
November 2016, Petitioner filed another pro se
objection to appointment of counsel (Nov. 7), pro se
petition for transcripts (Nov. 8), a pro se amended
brief in support of suppression motion (Nov. 15), and a
pro se motion for reconsideration of
Petitioner's denial notice (Nov. 16). Also in November,
the court issued orders denying Petitioner's motion to
reconsider sentence (Nov. 15), granting Petitioner's
objections to any appointment of counsel (Nov. 15), granting
Petitioner's motion “that all transcripts are
IFP” (Nov. 15), and denying Petitioner's notice of
objections to the court's jurisdiction void proceedings
(Nov. 15). Most importantly, the court issued an order
granting Petitioner's motion for modification of bail to
release on his own recognizance (Nov. 8). However, for
reasons unknown to this Court, Petitioner is still
incarcerated at the Allegheny County Jail.
December 2016, Petitioner filed a pro se motion to
dismiss (Dec. 15), which the court denied the same day (Dec.
15). He also filed a pro se motion for a new
suppression hearing and habeas corpus hearing (Dec. 20), and
a pro se motion for discovery (Dec. 20). Also in