Loading ...
Sorry, an error occurred while loading the content.

Request for Help

Expand Messages
  • pa_traveler18407
    Request for Help Required Answers Q What state does your legal issue spring from? Answer: Pennsylvania Q What are the facts of your case? Answer: I was charged
    Message 1 of 3 , Apr 1 3:38 AM
    • 0 Attachment
      Request for Help
      Required Answers
      Q What state does your legal issue spring from?
      Answer: Pennsylvania

      Q What are the facts of your case?
      Answer: I was charged with and convicted of "eluding" under the "Motor Vehicle Code" which is a misdemeanor II and carries a maximum of two years in prison. I appealed the conviction and after exhausting State remedies I Filed a petition for a Writ of Habeas Corpus in federal court.

      Q What research you have already done on your issue?
      Answer: I studied what case law I could at two inadequate prison libraries and then I filed a Common Law Petition for a Writ of Habeas Corpus.

      Q What you are thinking about doing and why?
      Answer: I have been waiting for the court to respond. Once my petition is decided in my favor additional civil action will follow for degradation of Rights reserved. (I know I have an unalienable Right to travel in the conveyance of the day – meaning my privately owned automobile – without any regulation what so ever and I have case law to prove it.)

      TIME LINE ON THIS HAPEAS CORPUS PETITION
      1) March 21, 2010 I filed my third petition for a Common law Petition for a Writ of Habeas Corpus at the Federal Courthouse in Scranton Pennsylvania.

      2) On April 19, 2010 the court ordered the respondents to answer the allegations within 21 days. The court also allowed me 14 days to respond from the date of the respondents reply.

      3) The respondents made a timely reply.

      4) I responded within my time limit and my response included all supporting evidence. (I did not want to wait until a hearing to present this evidence.)

      5) According to the order dated April 19, 2010
      Quote:
      "A determination whether Petitioner should be produced for a hearing will be held in abeyance pending the filing of the Respondents' answer and Memorandum of law, and if any, Petitioner's reply."

      6)To date the court has not taken any further action.

      SO MY QUESTION IS: What action can I take to force the court to respond?
    • Roger Hattman
      It sounds like your writ is being treated as the statutory variety, not the common law one. If you are doing HC, you need to do common law and make it
      Message 2 of 3 , Apr 1 5:46 PM
      • 0 Attachment
        It sounds like your writ is being treated as the statutory variety, not the
        common law one. If you are doing HC, you need to do common law and make it
        abundantly clear that that is what you are filing. If they do not answer in
        48hrs, move up the ladder.





        SO MY QUESTION IS: What action can I take to force the court to respond?
      • Elf Business
        Given the scenario you mention my next move would be to submit an Application For Writ of Mandamus with Brief in Support.   Given the scenario you mention my
        Message 3 of 3 , Apr 2 5:35 AM
        • 0 Attachment
          Given the scenario you mention my next move would be to submit an Application For Writ of Mandamus with Brief in Support.
           
        Your message has been successfully submitted and would be delivered to recipients shortly.