Opinion
CIVIL ACTION NO. 06-cv-0557.
August 14, 2006
MEMORANDUM AND ORDER
Petitioner, who is not represented by counsel, filed a petition in this court on February 7, 2006, seeking Habeas Corpus relief pursuant to 28 U.S.C. § 2254. When petitioner filed this civil action on February 7, 2006, he correctly informed this court that he had been convicted in the Court of Common Pleas of Philadelphia County, Pennsylvania, of homicide, criminal conspiracy, and possession of instruments of crime, but incorrectly stated to this court that he was under a sentence of death for that conviction.
This court did not become aware until August 11, 2006, that petitioner, in fact, is not under a sentence of death. Acting in reliance upon petitioner's statement that he was under a sentence of death, this court took a number of steps between February 7, 2006, and August 11, 2006, that it would not have taken if it was aware of the true nature of petitioner's status.
Accordingly, this ____________ Day of August, 2006, it is hereby ORDERED as follows:
1. Petitioner is granted leave to proceed in forma pauperis in this matter for all purposes, including filing of a notice of appeal.
2. This court's Order in this matter of July 11, 2006 (labeled by the Clerk of this Court as Document #4 in 06-cv-0557) is VACATED.
3. This court's Order in this matter of July 25, 2006 (labeled by the Clerk of this Court as Document #6 in 06-cv-0557) is VACATED.
4. This court's Order in this matter of July 27, 2006 (labeled by the Clerk of this Court as Document #7 in 06-cv-0557) is VACATED.
5. Petitioner and counsel for the defendants are placed under formal notice that this court shall, within the next thirty (30) days, complete an analysis of whether this court has jurisdiction to consider this matter pursuant to the so-called "second or successive rule" of 28 U.S.C. § 2244, and that based upon this analysis, this court shall either:
A. enter an Order dismissing this case for lack of jurisdiction pursuant to 28 U.S.C. § 2244; or,
B. enter an Order referring this matter to United States Magistrate Judge Peter B. Scuderi, as related to 96-cv-6439, for a Report and Recommendation pursuant to Local Rule of Civil Procedure
72.1.1.(b).