Opinion
1:23-cv-00869
03-13-2024
TODD LANCASTER, Petitioner v. WARDEN OF LACKAWANNA COUNTY PRISON, et al., Respondents
ORDER
SYLVIA H. RAMBO UNITED STATES DISTRICT JUDGE
AND NOW, on this 13th day of March 2024, upon consideration of pro se Petitioner Todd Lancaster (“Petitioner”)'s petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 (“Section 2254”) (Doc. No. 1), and the parties' pending motions concerning Petitioner's Section 2254 petition (Doc. Nos. 10, 14), and in accordance with the accompanying Memorandum, IT IS ORDERED THAT:
1. Respondents' motion to dismiss Petitioner's Section 2254 petition as untimely (Doc. No. 10) is GRANTED as to criminal docket CP-35-CR-001722-2012;
2. Petitioner's Section 2254 petition (Doc. No. 1) is DISMISSED as untimely with respect to only criminal docket CP-35-CR-001722-2012;
3. The Court's dismissal is without prejudice to Petitioner filing an amended Section 2254 petition challenging his remaining criminal dockets referenced in the above-captioned action (CP-35-CR-0001518-2012, CP-35-CR-0002359-2012, and CP-35-CR-0000067-2013);
4. Any amended Section 2254 petition shall be filed by Petitioner on or before April 12, 2024 ;
5. Petitioner's motion to grant his Section 2254 petition (Doc. No. 14) is DISMISSED as moot;
6. A certificate of appealability SHALL NOT ISSUE as to the Court's procedural ruling on criminal docket CP-35-CR-001722-2012;
7. The Clerk of Court is directed to CLOSE this case; and
8. Upon the filing of any amended Section 2254 petition regarding Petitioner's remaining criminal dockets (CP-35-CR-0001518-2012, CP-35-CR-0002359-2012, and CP-35-CR-0000067-2013), the Court will reopen the above-captioned action.