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07-060 - Leap v. Beckstrom


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07-060 - Leap v. Beckstrom
March 26, 2007
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MEMORANDUM ORDER: 1) Granting 3 Petitioner's MOTION for Leave to Proceed in forma pauperis; 2) Denying 4 Petitioner's Motion for appointment of counsel; 3) A copy of petition is to be served by certified mail upon Defendant and the Attorney General for the Commonwealth of Kentucky; 4) The defendant, by counsel shall answer or otherwise defend by 4/26/07; 5) That upon the filing of defendant's answer, the Clerk of Court shall forward the record to the Court for further review; 6) Pla. shall promptly notify the Clerk of Court of any change of address. Failure to keep the Court apprised of his current address may result of dismissal of this action; 7) Any future pleadings submitted to the Clerk of Court is required to include a certificate of service, indicating that a copy of such documents were served upon the opposing party or its counsel. Any document received by the Clerk which fails to include the required certificate of service or a copy thereof shall not be filed of record herein and shall be returned to the party or its counsel submitting such document. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR/Certified mail to: Defendant/Attorney General
November 15, 2007
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MEMORANDUM ORDER: 1) Denying as moot 21 MOTION to Amend his habeas corpus petition and MOTION for Extension of Time by Rickey Leap in light of the district court's prior adoption of the R&R dismissing the petition for writ of habeas corpus; 2) Denying MOTION to Appoint Counsel by Rickey Leap for reasons previously stated in the court's order of 3/26/07; 3) If petitioner desires to file a second or successive petition for writ of habeas corpus, he shall file a motion in the United States Court of Appeals for the Sixth Circuit seeking an order authorizing this court to consider his second or successive petition.See 28 U.S.C. Section 2244(b)(3); Rule 9 of the Rules Governing Habeas Corpus Cases under Section 2254. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
December 11, 2007
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MEMORANDUM ORDER: 1) Petitioner's motion for an order under Rule 60 23 is denied because petitioner's attempted use of Rule 60 is inconsistent with 28 U.S.C. §2244(b); 2) Petitioner's motion for leave to appeal in forma pauperis 24 is denied because no pleading has been filed which could be properly construed as such a motion on the record presented; 3) Petitioner's motion for an order authorizing the district court to consider a successive petition 26 and petitioner's Notice of Appeal 25 are hereby transferred, together with the entire record of this case, to the United States Court of Appeals for the Sixth Circuit for further review and consideration. See 28 U.S.C. §1631; 28 U.S.C. §2244(b). Signed by Judge J. Gregory Wehrman on 12/11/2007.(JMM)cc: COR
December 11, 2008
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MEMORANDUM OPINION & ORDER: It Is Ordered as follows: 1. The prior Judgment of this court, filed on October 31, 2007, is incorporated by this Memorandum Opinion and Order only to the extent it is deemed procedurally necessary to restate that petitioner's objections to the R&R of October 10, 2007 are overruled and his underlying petition for writ of habeas corpus is dismissed. A separate Final Judgment will be filed herewith; 2. Petitioner's motion to amend, for an extension of time, and for the appointment of counsel 21 is denied; 3. Petitioner's motion for relief under Rule 60 23 is denied; 4. Any and all remaining post-judgment motions 24, 26, and 29 are all likewise denied as moot. Signed by Judge William O. Bertelsman on 12/11/2008.(JMM)cc: COR