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16-1584 - Stearns v. Schmidtt


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16-1584 - Stearns v. Schmidtt
October 19, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall mail to petitioner a copy of the Court's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus form. IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of this Memorandum and Order to file an amended petition in the manner described above. Petitioner is cautioned that failure to timely comply with this Memorandum and Order will result in the dismissal of the petition. Signed by Magistrate Judge John M. Bodenhausen on 10/19/16. (Note: Copy of Courts 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus form mailed this date.)(ARL)
October 26, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioner Elliot Stearnss motion for the appointment of counsel (Docket No. 6) is DENIED without prejudice. IT IS FURTHER ORDERED that petitioner shall have to and including Friday, December 2, 2016, to comply with this Courts October 19, 2016 Order. IT IS FURTHER ORDERED that the Clerk of Court shall mail to petitioner a copy of this Courts October 19, 2016 Order, and a second copy of this Courts 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus form.. Signed by Magistrate Judge John M. Bodenhausen on 10/26/16. (KJS)
December 12, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the petition of Elliott Stearns for writ of habeas corpus 1 is DISMISSED without prejudice. A separate judgment shall be filed herewith. IT IS FURTHER ORDERED that no certificate of appealability shall issue in this cause because Stearns has failed to make a substantial showing that he has been denied a constitutional right. Signed by Magistrate Judge John M. Bodenhausen on 12/12/16. (CAR)