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07-3103 - Brown v. Booker et al


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07-3103 - Brown v. Booker et al
May 9, 2007
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VACATED PURSUANT TO ORDER 10 ENTERED 01/24/08 -- ORDER ENTERED: This action is liberally construed as a petition for habeas corpus relief under 28 U.S.C. 2254. The complaint is amended by the court to name Kevin Wayne Brown as the petitioner and to name the Johnson County Sheriff as a respondent. All other parties named as defendants in the complaint are dismissed without prejudice. Petitioner is granted leave to proceed in forma pauperis in this habeas action. Petitioner's motion 3 for an order regarding payment of the district court filing fee is denied as moot. Petitioner is granted twenty (20) days to show cause why this habeas action should not be dismissed without prejudice based upon petitioner's failure to exhaust state court remedies. Signed by Senior Judge Sam A. Crow on 05/09/07. (smnd) Modified text on 5/18/2007 (smnd) Modified text to vacate order on 1/24/2008 (smnd)
January 24, 2008
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ORDER ENTERED: Plaintiff's motion 7 to amend is granted in that the order entered May 9, 2007, is vacated, plaintiff's motion 2 for leave to proceed in forma pauperis is reinstated, all defendants dismissed without prejudice in the May 9, 2007, order are reinstated, and this action shall proceed as filed under 42 U.S.C. 1983. The Johnson County Sheriff, named by the court as a respondent, is dismissed as a party in this action. Plaintiff's reinstated motion 2 for leave to proceed in forma pauperis is granted, with payment of the full $350.00 district court filing fee to proceed as authorized by 28 U.S.C. 1915(b)(2) after plaintiff's prior fee obligation is fully satisfied. Plaintiff is granted twenty (20) days to show cause why the reinstated complaint should not be dismissed as stating no claim for relief. Signed by Senior District Judge Sam A. Crow on 01/24/08. (smnd)
August 13, 2008
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ORDER ENTERED: Plaintiff's pleading titled as a "Motion to Reinstate Claim" 12 is liberally construed by the court as plaintiff's response to the show cause order entered on January 24, 2008. The complaint is dismissed as stating no claim for relief and the dismissal is without prejudice to the extent plaintiff's claim for damages against any individual defendant is barred by Heck v. Humphrey, 512 U.S. 477 (1994). Signed by Senior District Judge Sam A. Crow on 08/13/08. (smnd)