Case 5:15-cv-03984-JCJ Document 3 Filed 07/31/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STANLEY J. CATERBONE,

:
:
:
v.
:
:
LANCASTER BEHAVIORAL HEALTH, et al.,
:
Respondents. :
Petitioner

CIVIL ACTION NO. 15-CV-3984

ORDER
Petitioner filed a petition for habeas corpus relief pursuant to 28 U.S.C. 2254. Contrary
to Local Civil Rule 9.3(b) and Rule 2 of the Rules Governing Section 2254 Cases in the United
States District Courts, Petitioner did not use the current standard 28 U.S.C. 2254 form as has
been required by this court since July 2010. Use of the courts current standard form in
proceedings under 28 U.S.C. 2254 is necessary to assure that a petitioner is made aware of the
warnings required pursuant to United States v. Thomas, 221 F.3d 430 (3d Cir. 2000) (relating to
the statute of limitations set forth in 28 U.S.C. 2244(d)), and Mason v. Meyers, 208 F.3d 414
(3d Cir. 2000) (relating to limitations on the right of the petitioner to file a second or
successive petition under 28 U.S.C. 2254). The court notes that the specific Thomas and
Mason warnings are included in the introductory text of the current standard form.
AND NOW this
1.

28th

day of July, 2015, IT IS HEREBY ORDERED that:

The Clerk of Court shall furnish Petitioner with a blank copy of the Courts

current standard form for filing a petition pursuant to 28 U.S.C. 2254 and bearing the abovecaptioned civil action number;
2.

Petitioner shall complete this courts current standard form of petition as directed

by Local Civil Rule 9.3(b) and Rule 2 of the Rules Governing Section 2254 Cases in the United
States District Courts, sign the completed petition, and return it to the Clerk of Court within

Case 5:15-cv-03984-JCJ Document 3 Filed 07/31/15 Page 2 of 2

thirty (30) days, failing which this civil action will be dismissed without further notice;
3.

Because Petitioner has funds sufficient funds available to pay the required $5.00

filing fee his application for leave to proceed in forma pauperis is DENIED; and,
4.

Petitioner shall submit the five dollar ($5.00) filing fee to the Court within thirty

days of the date of this Order or this action will be dismissed without further notice to Petitioner.

s / J. Curtis Joyner
J. CURTIS JOYNER, J.

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HABEAS,A/R

United States District Court

Eastern District of Pennsylvania (Allentown)
CIVIL DOCKET FOR CASE #: 5:15-cv-03984-JCJ

CATERBONE v. LANCASTER BEHAVIORAL HEALTH/

CRISIS INTERVENTION et al
Assigned to: HONORABLE J. CURTIS JOYNER
related Case: 2:06-cv-05138-JCJ
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)

Date Filed: 07/17/2015

Jury Demand: None
Nature of Suit: 530 Habeas Corpus:
(General)
Jurisdiction: Federal Question

Petitioner
STANLEY J. CATERBONE

represented by STANLEY J. CATERBONE

561 FAIRTHORNE AVE
PHILADELPHIA, PA 19128
PRO SE

V.
Respondent
LANCASTER BEHAVIORAL
HEALTH/ CRISIS INTERVENTION
Respondent
CRAIG STEDMAN
Respondent
LANCASTER COUNTY DISTRICT
ATTY
Respondent
DET. LT. CLARK BEARIWGER
Respondent
LANCASTER CITY POLICE
Respondent
FAIRMONT BEHAVIOR SYSTEM
Respondent
SILVIA GRATZ
CHIEF MEDICAL OFFICER

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Date Filed

# Docket Text

07/17/2015

1 PETITION for Writ of Habeas Corpus, filed by STANLEY J. CATERBONE (NO IFP,
NO FEE PAID). (Attachments: # 1 Civil Cover Sheet)(jwl, ) (Additional attachment(s)
added on 7/20/2015: # 2 Envelope) (jwl, ). Modified on 7/21/2015 (afm, ). (Entered:
07/20/2015)

07/24/2015

2 APPLICATION to proceed in District Court without prepaying fees or costs filed by

STANLEY J. CATERBONE. Cert. of Service. (pr, ) (Entered: 07/24/2015)

07/31/2015

3 ORDER THAT THE CLERK OF COURT SHALL FURNISH PETITIONER WITH A

BLANK COPY OF THE COURT'S CURRENT STANDARD FORM FOR FILING A
PETITION PURSUANT TO 28 USC, SECTION 2254 AND BEARING THE ABOVECAPTIONED CIVIL ACTION NUMBER; PETITIONER'S APPLICATION TO
PROCEED IN FORMA PAUPERIS IS DENIED; AND PETITIONER SHALL
SUBMIT THE FIVE DOLLAR ($5.00) FILING FEE TO THE COURT WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS ORDER OR THIS ACTION WILL BE
DISMISSED WITHOUT FURTHER NOTICE TO PETITIONER.. SIGNED BY
HONORABLE J. CURTIS JOYNER ON 7/28/15. 7/31/15 ENTERED AND COPIES
MAILED TO PRO SE PETITIONER WITH A BLANK COPY OF A 2254 PETITION
FORM AND INSTRUCTIONS.(pr, ) (Entered: 07/31/2015)

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CLOSED,HABEAS

United States District Court

Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:06-cv-05138-JCJ

CATERBONE v. THE COMMONWEALTH OF

PENNSYLVANIA et al
Assigned to: HONORABLE J. CURTIS JOYNER
related Case: 5:15-cv-03984-JCJ
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)

Date Filed: 11/20/2006

Date Terminated: 06/25/2008
Jury Demand: None
Nature of Suit: 530 Habeas Corpus:
(General)
Jurisdiction: Federal Question

Petitioner
STANLEY J. CATERBONE

represented by STANLEY J. CATERBONE

#06-5238-200
LANCASTER COUNTY PRISON
625 KING STREET
LANCASTER, PA 17602-3199
PRO SE

V.
Respondent
THE COMMONWEALTH OF
PENNSYLVANIA
Respondent
THE LANCASTER COUNTY PRISON
Respondent
LEO H. ECKERT, JR.
MDJ., OF LANCASTER COUNTY
Respondent
THE BAIL ADMINISTRATOR OF
LANCASTER COUNTY
Respondent
MARY COMMINS
MDJ., OF LANCASTER COUNTY
Respondent
ADAM CRAMER
OFFICER, OF THE SOUTHERN

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READING POLICE DEPARTMENT

Date Filed

# Docket Text

11/20/2006

1 PETITION for Writ of Habeas Corpus , filed by STANLEY J. CATERBONE.(ss, )

Additional attachment(s) added on 6/28/2007 (brjo, ). (Entered: 11/22/2006)

01/19/2007

2 ADDENDUM to 2241 Habeas Corpus Petition by STANLEY J. CATERBONE.

Certificate of Service. (gs) (Entered: 01/22/2007)

04/17/2007

3 ORDER THAT THE CLERK SHALL PROMPTLY FURNISH PETITIONER WITH

THE IN FORMA PAUPERIS APPLICATION FORM AND PETITIONER SHALL
EITHER COMPLETE AND RETURN IT TO THE CLERK OF COURT WITHIN
THIRTY DAYS OR TENDER THE REQUIRED $5.00 FILING FEE TO THE CLERK
OF CURT WITHIN THIRTY DAYS OR ELSE THIS ACTION WILL BE
DISMISSED.. SIGNED BY JUDGE J. CURTIS JOYNER ON 4/16/07. 4/18/07
ENTERED AND COPIES MAILED.(lvj, ) (Entered: 04/18/2007)

05/01/2007

Copy of Order filed 4/17/07 to Stanley J. Canterbone returned by the USPS for the
following reason: Inmate Released. (gs) (Entered: 05/02/2007)

05/31/2007

4 EXHIBIT to 28 U.S.C. Section 2241 Habeas Corpus Petition by STANLEY J.

CATERBONE. Certificate of Service (gs) (Entered: 06/01/2007)

06/04/2007

5 EXHIBIT to U.S.C. Sec. 2241 Habeas Copus Petition by STANLEY J. CATERBONE.

(gs) (Entered: 06/04/2007)

12/19/2007

6 ORDER THAT IT APPEARING THAT THE PETITIONER DID NOT TENDER THE
FIVE DOLLAR FILING FEE NOR REQUEST LEAVE TO PROCEED IN FORMA
PAUPERIS, IT IS ORDERED THAT THE CLERK SHALL PROMPTLY FURNISH
PETITIONER WITHT THE IN FORMA PAUPERIS FORM. PETITIONER SHALL
COMPLETE THE FORM AND RETURN IT TO THE CLERK'S OFFICE WITHIN
THIRTY DAYS (30) OR TENDER THE $5.00 FILING FEE OR THIS ACTION WILL
BE DISMISSED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 12/18/07.
12/20/07 ENTERED AND COPIES MAILED.(gs) (Entered: 12/20/2007)

01/14/2008

06/25/2008

07/16/2008

Copy of Order filed 12/19/07 addressed to Stanley Caterbone, along with a copy of the
2254 IFP form, returned by the USPS for the following reason: Inmate Released, No
Inmate This Spelling. (gs) (Entered: 01/14/2008)
7 ORDER THAT IT APPEARING TO THIS COURT THAT THE DEFENDANT DID
NOT FILE AN IN FORMA PAUPERIS FORM NOR PAY THE FIVE DOLLAR
FILING FEE WITHIN THIRTY DAYS AND THE DEFENDANT HAVING BEEN
RELEASED FROM CUSTODY BUT HAS NOT INFORMED THE COURT OF A
CURRENT ADDRESS, IT IS ORDERED THAT THE MATTER IS DISMISSED.
SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/24/08. 6/26/08 ENTERED
AND COPIES MAILED.(gs) (Entered: 06/26/2008)
Copy of Order addressed to Stanley Caterbone filed on 6/25/08 returned by the USPS for
the following reason: No Inmate This Spelling (gs) (Entered: 07/16/2008)

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