BROWN v. HAINSWORTH

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DOUGLAS BROWN, :

Petitioner :

v. : Case No. 3:24-cv-49-KAP

MELISSA HAINSWORTH, WARDEN, :

S.C.I. LAUREL HIGHLANDS, :

Respondent :

Memorandum Order

In considering habeas petitions under 28 U.S.C.§ 2254, the All Writs Act, 28

U.S.C.§ 1651, provides that this court “may issue all writs necessary or appropriate in aid

of their respective jurisdictions and agreeable to the usages and principles of law.” 28

U.S.C. § 1651(a). See Harris v. Nelson, 394 U.S. 286, 298 (1969)(“[A] district court may,

in an appropriate case, arrange for procedures which will allow development ... of the facts

relevant to disposition of a habeas corpus petition.”) and id. at 300 (“[W]hen the court

considers that it is necessary to do so in order that a fair and meaningful evidentiary

hearing may be held, [it] may issue such writs and take or authorize such proceedings

with respect to development ... of the facts relevant to the claims advanced by the parties,

as may be ‘necessary or appropriate in aid of [its jurisdiction] ... and agreeable to the

usages and principles of law.’ ”)

My preliminary review of the Petition originally filed in March 2024, ECF no. 4,

indicated that petitioner only raised the claim that the state courts were unduly delaying

disposition of his PCRA proceedings. I advised petitioner that since he ordinarily is

limited to one federal habeas petition, he should file an amended petition raising all his

claims. The petitioner did that in September 2024, see Amended Petition, ECF no. 16.

That month, the Pennsylvania Superior Court dismissed petitioner’s PCRA appeal for

failure to file a brief.

The respondent, served with the original Petition, replied to it in December 2024,

see Response, ECF no. 21, raising the defense of procedural default. The merits of that

defense to the Petition -or to the Amended Petition- depend in part on whether the

petitioner received a copy of the state court record, and if so, when, and if so, what did

that record contain? The petitioner claims that, with the exception of PCRA’s notice of

intent file a motion to withdraw and no-merit letter received in November 2023, he never

received a copy of the state court record, even after the Court of Common Pleas of Beaver

County ordered the Clerk of Court to send it to him. Petition at 3 (as of February 2024);

Amended Petition at ¶12 (as of August 2024). The respondent asserts that a copy of the

state court record was sent to petitioner and “confirmed received on October 24, 2023.”

1

Response at 23, citing Commonwealth’s Exhibit 145. Under the All Writs Act, it is

therefore

Ordered that counsel for the respondent shall obtain by affidavits from employees

of the Clerk of Beaver County and of the Pennsylvania Department of Corrections, and

from any other necessary person, information relevant to the answers to the following

questions:

(1) What was the content of the state court record the Clerk sent to petitioner, and

(2) what evidence other than Commonwealth’s Exhibit 145 is there to show that petitioner

received it on October 24, 2024 or ever?

The affidavits shall be filed in a supplemental response on or before January 31, 2025.

Further proceedings will be scheduled by subsequent order if necessary. In the meantime,

counsel for the respondent shall follow through to ensure that the Clerk of Beaver County

sends the original transcripts to me. See Response at 3 n.9-n.12.

iP

DATE:_ December 17, 2024

Keith A. Pesto,

United States Magistrate Judge

Notice by ECF to counsel of record and by U.S. Mail to:

Douglas Brown QK-8697

S.C.I. Laurel Highlands

5706 Glades Pike

P.O. Box 631

Somerset, PA 15501