Mattison v. Wetzel et al

Filing 7

ORDER (memorandum filed previously as separate docket entry) - 1)The 1 MOTION for Leave to Proceed in forma pauperis filed by Kevin Mattison is GRANTED. 2.The Federal Public Defender Office for the Middle District of Pennsylvania Capital Habea s Unit is APPOINTED to represent Petitioner Kevin Mattison in the captioned action. 3.Michael Wiseman, Esquire, P.O. Box 120, Swarthmore, Pennsylvania, 19081, telephone [phone], is APPOINTED to represent Petitioner Kevin Mattison for the purposes of the habeas proceedings in the captioned action. IT IS FURTHER ORDERED that the parties shall comply with the attached schedule for the remainder of this case. Signed by Honorable Yvette Kane on 11/10/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KEVIN MATTISON,
Petitioner
v.
JOHN E. WETZEL, Acting Secretary,
Pennsylvania Department of Corrections;
ROBERT GILMORE, Superintendent of the
State Correctional Institution at Greene;
and STEVEN GLUNT, Superintendent of
the State Correctional Institution at Rockview,
Respondents

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Civil Action No. 1:14-CV-02042
(Judge Kane)

THIS IS A CAPITAL CASE

ORDER
AND NOW, this 10th day of November, 2014, for the reasons set forth in the
accompanying memorandum, IT IS HEREBY ORDERED THAT:
1.

The motion for leave to proceed in forma pauperis (Doc. No. 1) is GRANTED.
See 28 U.S.C. § 1915(a)(1).

2.

The Federal Public Defender Office for the Middle District of Pennsylvania
Capital Habeas Unit is APPOINTED to represent Petitioner Kevin Mattison in
the captioned action. See 18 U.S.C. § 3599(a)(2); see also id. § 3599(a)(2)(c).

3.

Michael Wiseman, Esquire, P.O. Box 120, Swarthmore, Pennsylvania, 19081,
telephone [phone], is APPOINTED to represent Petitioner Kevin
Mattison for the purposes of the habeas proceedings in the captioned action. See
18 U.S.C. § 3599(a)(2); see also id. § 3599(a)(2)(d).

4.

The Clerk of Court shall prepare the appropriate paperwork (CJA 30 Death
Penalty Proceedings: Appointment of and Authority to Pay Court Appointed
Counsel) and send it forthwith to Attorney Wiseman, along with a copy of this
order.

It is further ORDERED that the parties shall comply with the following schedule for the
remainder of this proceeding:
FILING OF THE PETITION

1.

Habeas Corpus Petition. Petitioner shall file his petition for a writ of habeas
corpus under 28 U.S.C. § 2254 on or before May 1, 2015. Petitioner shall file a
supporting memorandum of law no later than sixty (60) days after the date of the
filing of the petition. A courtesy copy shall be submitted to the Court. Each
claim for relief must be numbered separately and must include the following
information:
a)
b)

Whether the claim has been exhausted in the state courts, with specific
citation to the state court record;

c)

Whether the claim is procedurally defaulted;

d)

Whether petitioner seeks an evidentiary hearing regarding the claim and,
if so, whether such a hearing is permitted under 28 U.S.C. § 2254(e)(2);

e)

Whether federal review of the claim is governed by the standard of review
in 28 U.S.C. § 2254(d);

f)

Whether federal review of the claim is barred under the decision of the
United States Supreme Court in Teague v. Lane, 489 U.S. 288 (1989); and

g)
2.

The specific provision(s) of the United States Constitution upon which
petitioner relies as a basis for relief;

A discussion of the merits of the claim.

Answer/Response. Respondents shall file an answer/response to the petition and
memorandum of law within sixty (60) days of service of petitioner’s supporting
memorandum of law, which shall respond to each claim for relief, using the same
claim number and in the same order as each claim raised by petitioner. A
courtesy copy shall be submitted to the Court. The answer/response shall include
the following information:
a)

Whether the claim has been exhausted in the state courts;

b)

Whether the claim is procedurally defaulted;

c)

Whether the claim is barred by the statute of limitations under 28 U.S.C. §
2244(d);

d)

If petitioner seeks an evidentiary hearing, whether such a hearing is barred
under 28 U.S.C. § 2254(e)(2);

e)

Whether federal review of the claim is governed by the standard of review
in 28 U.S.C. § 2254(d);

f)
g)
3.

Whether federal review of the claim is barred under the decision of the
United States Supreme Court in Teague v. Lane, 489 U.S. 288 (1989); and
A discussion of the merits of the claim.

Reply. Petitioner may file a reply within twenty-one (21) days of service of
respondents’ response to the petition. A courtesy copy shall be submitted to the
Court. The reply should be limited to those issues not previously addressed in the
original petition and memorandum of law.
DEVELOPMENT OF THE RECORD

4.

State Court Record. Respondents shall file a complete copy of the state court
record in this matter, including records pertaining to the pre-trial, trial, appeal,
and post-conviction proceedings, on or before the date Petitioner files his petition
for writ of habeas corpus under 28 U.S.C. § 2254, or May 1, 2015. A certified
copy of the state court docket must be included as well. A courtesy copy shall
be submitted to the Court.

5.

Expansion of the Record. If either party intends to rely on any document(s)
which are not part of the state court record, such party must include those
documents in a separate appendix. In addition, that party should address, in its
documents filed with the court, why reliance on those documents is proper under
28 U.S.C. § 2254(e)(2) and Rule 7 of the Rules Governing Habeas Corpus Cases
Under Section 2254.

6.

Discovery. Any motion for discovery will be governed by Rule 6 of the Rules
Governing Habeas Corpus Cases Under Section 2254. If Petitioner files a motion
for discovery, he must identify the claim on which discovery is sought, indicate
whether that claim was exhausted in state court, and explain why prior state
proceedings in the case did not adequately develop the information sought.
Petitioner’s motion for discovery is due at the same time he files his
memorandum of law in support of his petition for writ of habeas corpus.
STATUS CONFERENCE

7.

Status Conference. At the Court’s discretion, or upon request of the parties, the
Court will hold a status conference. At the conference the parties shall be
prepared to discuss the status of any pending state court proceedings and other
preliminary matters such as potential motions for dismissal and/or stay and
abeyance.
OTHER MATTERS

8.

Extensions. Extensions to the dates set forth in this scheduling order will not be

granted, except for good cause shown by the requesting party. Any request for an
extension shall be set forth in writing and accompanied by a proposed order.
9.

Rules Governing Proceedings. In addition to the requirements set forth in this
scheduling order, this proceeding will be governed by 28 U.S.C. § 2254, the
Rules Governing Habeas Corpus Cases Under 2254, and the Local Rules of the
Middle District of Pennsylvania.

S/ Yvette Kane
YVETTE KANE, District Judge
Middle District of Pennsylvania

Dated: November 10, 2014.