BEY v. COMMONWEALTH OF PENNSYLVANIA et al, No. 1:2018cv00195 - Document 2 (W.D. Pa. 2018)
Court Description: MEMORANDUM OPINION that the 1 Petition for Writ of Habeas Corpus, filed by ARIEL AZIEL BEY, be dismissed as moot and that a certificate of appealability be denied. Signed by Judge Susan Paradise Baxter on 10/1/2018. (jpe)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ARIEL AZIEL BEY, a/k/a MALANO JONES Petitioner, v. COMMONWEALTH, Respondent. ) ) ) ) ) ) ) ) Civil Action No. 1:18-cv-195 Erie Judge Susan Paradise Baxter MEMORANDUM Susan Paradise Baxter, District Judge On July 1, 2018, Ariel Aziel Bey (the "Petitioner") (also known as Malano Jones) signed and executed the instant petition for a writ of habeas corpus and placed it in the prison mailing system. (ECF No. 1 at 15). In it, he challenged the judgment of sentence imposed upon him on June 5, 2018, by the Court of Common Pleas of Erie County ("the trial court") at criminal docket numbers CP-25-CR-18612017 and CP-25-CR-1862-2017. (Id. at 1). Federal district courts have a pre-service duty to screen and summarily dismiss habeas petitions that plainly show the petitioner is not entitled to relief. See Rule 4 of the Rules Governing Section 2254 Cases In the United States District Courts. A review of the criminal docket sheets for the Petitioner's state cases, which are available to the public online and of which this Court may take judicial notice, establishes that on or around July 5, 2018, the trial court vacated the Petitioner's June 5, 2018 judgment of sentence and granted him a new trial. Accordingly, the Petitioner's request for federal habeas relief from his June 5, 2018 judgment of sentence is moot and his petition is dismissed for that reason. Because jurists of reason would not find it debatable whether the petition should be dismissed as moot, Slack v. McDaniel, 529 U.S. 473, 484 (2000), a certificate of appealability is denied. 1 An appropriate Order follows. Dated: October 1, 2018 /s/ Susan Paradise Baxter SUSAN PARADISE BAXTER United States District Judge Notice by first class mail to all of the following: Ariel Aziel Bey a/k/a Malano Jones 40553 140 West 6th Street Erie, PA 16501 Jack Daneri, Esq. Erie County District Attorney's Office Erie County Courthouse 140 West Sixth Street Erie, Pennsylvania 16501 Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 2
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