Cruz-Maldonado v. Warden of SCI-Houtzdale et al

Filing 16

ORDER that Cruzs two petitions in 1:20-CV-00573 and 1:20-CV-01151 are consolidated into one petition under docket number 1:20-CV-0573. IT IS FURTHER ORDERED that Cruz shall file an amended petition for writ of habeas corpus, including all of his claims in one petition on or before December 18, 2021. Cruz shall file his amended petition under docket number: 1:20-CV-0573. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 11/18/21. (ki)

Case 1:20-cv-01151-SES Document 16 Filed 11/18/21 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ABRAHAM CRUZ,

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Petitioner,
v.
SCI HOUTZDALE, et al.,
Respondents.

CIVIL NO: 1:20-CV-0573
(Judge Mannion)
(Magistrate Judge Schwab)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ABRAHAM CRUZ,
Petitioner,
v.
WARDEN OF SCI-HOUTZDALE,
et al.,
Respondents.

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CIVIL NO.: 1:20-CV-01151
(Magistrate Judge Schwab)

ORDER
November 18, 2021
Abraham Cruz (“Cruz”), an inmate who is confined at the SCI-Dallas,
commenced a pro se action by filing a petition (1:20-cv-0573, doc. 1) for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 (“Petition”) against the respondents,
SCI-Houtzdale, Pennsylvania Attorney General Office, Superior Court/Middle,

Case 1:20-cv-01151-SES Document 16 Filed 11/18/21 Page 2 of 2

and Adams County District Attorney’s Office. That petition is pending review.
Cruz has also filed another petition (1:20-cv-01151, doc. 1) for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 against the respondents, Warden of SCIHoutzdale and Pennsylvania Attorney General’s Office.
Although both petitions are difficult to decipher, it appears as though they
each relate to the same underlying conviction, and there is substantial overlap in
Cruz’s overall claims. Accordingly, IT IS ORDERED that Cruz’s two petitions
are consolidated into one petition under docket number 1:20-CV-0573. IT IS
FURTHER ORDERED that Cruz shall file an amended petition for writ of
habeas corpus, including all of his claims in one petition on or before December
18, 2021. Cruz shall file his amended petition under docket number: 1:20-CV0573.

S/Susan E. Schwab
Susan E. Schwab
United States Magistrate Judge

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