This case was last updated from PACER on 12/01/2018 at 07:55:59 (UTC).

KIRK v. GILMORE

Case Summary

On 10/02/2018 KIRK filed a Prisoner - Other Prisoner lawsuit against GILMORE. This case was filed in U.S. District Courts, Pennsylvania Western District. The Judges overseeing this case are Robert C. Mitchell and Mark R. Hornak. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:18-CV-01320

  • Filing Date:

    10/02/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Prisoner - Other Prisoner

  • Court:

    U.S. District Courts

  • Courthouse:

    Pennsylvania Western District

Judge Details

Referral Judge

Robert C. Mitchell

Presiding Judge

Mark R. Hornak

 

Party Details

Petitioner

DEANTHONY KIRK

St. Petersburg, FL 33733

Respondent

ROBERT GILMORE

 

Court Documents

3 #1

Envelope

#2

(#2) REPORT AND RECOMMENDATION re #1 recommending that petition be dismissed as a successive petition. Objections to R&R due by 10/17/2018 Objections to R&R for Unregistered ECF Users due by 10/22/2018 Signed by Magistrate Judge Robert C. Mitchell on 10/03/2018. (Mitchell, Robert) (Entered: 10/03/2018)

#5

(#5) ORDER ADOPTING #2 Report and Recommendations. IT IS ORDERED that #1 petition for a writ of habeas corpus filed by petitioner is dismissed as a successive petition and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Mark R. Hornak on 11/19/18. (jad) (Entered: 11/19/2018)

1 #1

Exhibit A

#4

(#4) OBJECTIONS to #2 Report and Recommendation by DEANTHONY KIRK. (Attachments: #1 Envelope) (plp) (Entered: 11/09/2018)

4 #1

Envelope

#6

(#6) JUDGMENT in favor of Respondent against Petitioner. Signed by Judge Mark R. Hornak on 11/19/18. (jad) (Entered: 11/19/2018)

#1

(#1) Petition for writ of habeas corpus lodged without filing fee or motion to proceed in forma pauperis. (Attachments: #1 Exhibit A, #2 Envelope) (plp) (Entered: 10/03/2018)

#3

(#3) Writ of Habeas Corpus Nunc Pro Tunc, filed by DEANTHONY KIRK. (Attachments: #1 Envelope) (plp) (Entered: 10/16/2018)

1 #2

Envelope

 

Docket Entries

  • 11/30/2018
  • Remark: The signed certified mail card from the 11/26/18 mailing to DeAnthony Kirk was returned to Chambers on 11/30/18. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 11/30/2018)

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  • 11/26/2018
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  • Remark: A letter enclosing a copy of #5 Order and ECF filing receipt and #6 Judgment and ECF filing receipt filed on 11/19/18 were mailed via regular and certified mail to DeAnthony Kirk on 11/26/18. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 11/26/2018)

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  • 11/19/2018
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  • (#6) JUDGMENT in favor of Respondent against Petitioner. Signed by Judge Mark R. Hornak on 11/19/18. (jad) (Entered: 11/19/2018)

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  • 11/19/2018
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  • (#5) ORDER ADOPTING #2 Report and Recommendations. IT IS ORDERED that #1 petition for a writ of habeas corpus filed by petitioner is dismissed as a successive petition and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Mark R. Hornak on 11/19/18. (jad) (Entered: 11/19/2018)

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  • 11/16/2018
  • Judge Mark R. Hornak now presiding and Magistrate Judge Robert C. Mitchell referred. Motions referred to Robert C. Mitchell. (av) (Entered: 11/16/2018)

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  • 11/16/2018
  • Magistrate Judge Robert C. Mitchell no longer presiding in case. (av) (Entered: 11/16/2018)

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  • 11/09/2018
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  • (#4) OBJECTIONS to #2 Report and Recommendation by DEANTHONY KIRK. (Attachments: #1 Envelope) (plp) (Entered: 11/09/2018)

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  • 10/25/2018
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  • In light of an issue with the mailing address for judicial inmate mail at SCI-Greene, the Report and Recommendation #2 filed on 10/3/2018 was re-sent to Petitioner via USPS on 10/25/2018, and the deadline for objections extended. Objections to R&R due by 11/11/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.(lamc) (Entered: 10/25/2018)

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  • 10/16/2018
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  • (#3) Writ of Habeas Corpus Nunc Pro Tunc, filed by DEANTHONY KIRK. (Attachments: #1 Envelope) (plp) (Entered: 10/16/2018)

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  • 10/03/2018
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  • (#2) REPORT AND RECOMMENDATION re #1 recommending that petition be dismissed as a successive petition. Objections to R&R due by 10/17/2018 Objections to R&R for Unregistered ECF Users due by 10/22/2018 Signed by Magistrate Judge Robert C. Mitchell on 10/03/2018. (Mitchell, Robert) (Entered: 10/03/2018)

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  • 10/02/2018
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  • (#1) Petition for writ of habeas corpus lodged without filing fee or motion to proceed in forma pauperis. (Attachments: #1 Exhibit A, #2 Envelope) (plp) (Entered: 10/03/2018)

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