Heleva v. Brooks et al

Filing 76

ORDER construing ptnr's motion motion to commence action 74 as motion to reopen & granting same, directing Clrk of Ct to REOPEN matter & to STRIKE supp 69 to petition, directing respondents to file answer to petition 35 & memo of law... by 8/10/16, permitting ptnr to file reply to answer w/in 14 days of date answer filed, & noting ct will determine whether ptnr to be produced for hrg pending filing of answer & reply, if filed.(See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/20/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DANIEL ARTHUR HELEVA,
Petitioner

:
:
:
v.
:
:
WARDEN MRS. M. BROOKS, and :
PA STATE ATTORNEY GENERAL, :
Respondents
:

CIVIL NO. 1:07-CV-1398
(Chief Judge Conner)

ORDER
AND NOW, this 20th day of July, 2016, upon consideration of petitioner’s
motion (Doc. 74) to commence action, which was stayed on October 18, 2013, and
any decision was held in abeyance pending petitioner’s exhaustion of state
remedies provided that petitioner returned to this court within thirty (30) days of
final disposition his Amended Post-Conviction Collateral Relief Petition, which
raised a violation of his Sixth Amendment right to a speedy trial, (Doc. 66), and it
appearing that petitioner has exhausted his claims within the Commonwealth of
Pennsylvania (Doc. 71), and now seeks to have his sole claim considered in federal
court,1 it is hereby ORDERED that:

The court previously determined that the petition for writ of habeas corpus
(Doc. 35) contains the singular ground from the original petition for writ of habeas
corpus (Doc. 1) of deprivation of petitioner’s Sixth Amendment right to speedy trial.
See (Docs. 41, 44). Petitioner elected to have the petition (Doc. 35) construed and
ruled on as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
containing the singular ground of deprivation of petitioner’s Sixth Amendment
right to speedy trial. (Doc. 43). The court will strike petitioner’s supplement to the
habeas petition wherein he now attempts to raise “additional issues discovered,
argued, briefed, presented and summarily denied without proper cause.” (Doc. 69,
at 2).
1

1.

Petitioner’s motion (Doc. 74) to commence action is CONSTRUED as a
motion to reopen and is GRANTED.

2.

The Clerk of Court is directed to REOPEN this matter.

3.

The Clerk of Court is directed to STRIKE the supplement (Doc. 69) to
the petition for writ of habeas corpus.

4.

Respondents shall file an answer to the petition for writ of habeas
corpus (Doc. 35), and a memorandum of law, addressing the singular
ground from the original petition for writ of habeas corpus of
deprivation of petitioner’s Sixth Amendment right to speedy trial, on
or before August 10, 2016. See R. GOVERNING § 2254 CASES R. 1(b),
5(b)-(d) (explaining required contents of answer and supporting
materials).

5.

Petitioner may, if he so chooses, file a reply to the answer within
fourteen (14) days of the date on which the answer is filed. See R.
GOVERNING § 2254 CASES R.1(b), 5(e).

6.

A determination of whether petitioner should be produced for a
hearing will be held in abeyance pending the filing of the answer and
memorandum of law, and the petitioner’s reply, if he chooses to file
one.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania