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Parran v. Commonwealth

United States District Court, W.D. Pennsylvania

January 31, 2017

RANDALL EUGENE PARRAN, Petitioner,
v.
COMMONWEALTH OF PENNSYLVANIA, et al., Respondents.

          MEMORANDUM OPINION

          Lisa Pupo Lenihan United States Magistrate Judge.

         Pending 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.).

         In his 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.)

         Petitioner 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.)

         Petitioner 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, p.3.)

         A. Background

         The 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.

         Petitioner 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.

         Petitioner 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, 2016.[1]

         Petitioner 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).

         In 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.

         In October 2016, Petitioner filed a pro se objection to appointment of counsel (Oct. 24).

         In 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.

         In 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 ...


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