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03-3315 - Witmer v. Houston


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03-3315 - Witmer v. Houston
March 9, 2006
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MEMORANDUM AND ORDER - Filing no. 59 the petitioner's letter dated February 12, 2006, is construed as a Motion for Status and is granted. The Clerk of Court shall send the petitioner a copy of filing no. 58 and a copy of the docket sheet for this case together with the petitioner's copy of this Memorandum and Order. COPIES MAILED AS ORDERED. Signed by Judge Richard G. Kopf on 3/9/2006. (GJG, )
April 28, 2006
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MEMORANDUM AND ORDER that this matter is before the court on filing no. 64, the respondent's Motion to Request an Order for the Filing of a Sealed Copy of the Presentence Investigation Report; and filing no. 65, the petitioner's Objection. The parties are in the course of submitting their final briefs in connection with the Petition for Writ of Habeas Corpus filed by the petitioner, Jason N. Witmer. The respondent asks the court to direct the District 6 Probation Office for Lancaster County, to prepare and file a sealed copy of the petitioner's presentence investigation report filed in the case of State v. Witmer, Lancaster County Docket No. CR99-1107. The petitioner objects that the respondent's designation of an additional state record is out of time and that he would be prejudiced by denial of access to the record. The respondent has not explained the necessity of the record or any rationale for this court'sreliance on a document unavailable to the petitioner. Therefore, filing no. 64 is denied, and filing no. 65 is sustained, without prejudice to my reconsideration of the issue if necessary in the future. Signed by Judge Richard G. Kopf on 4/28/2006. (CS, )
May 10, 2006
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MEMORANDUM AND ORDER granting in part and denying in part 70 Motion to Extend. THEREFORE, IT IS ORDERED: 1. That filing no. 70, the petitioner's Motion for Extension of Time, is granted in part and denied in part; 2. That the petitioner's Reply Brief is due by May 31, 2006 instead of May 15, 2006, as previously ordered; 3. That by May 18, 2006, the respondent shall notify the court in writing of the approximate date the petitioner's Presentence Investigation Report will be filed with the court and served on the petitioner; and 4. That promptly upon receipt of his copy of the PSR, if the petitioner feels he must file a short supplement to his Reply Brief based on material in the PSR, he may file a motion for leave to file such a supplement. Signed by Judge Richard G. Kopf on 5/10/2006. (JAR)
December 14, 2006
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MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus, as amended, filed by Jason N. Witmer is denied and dismissed with prejudice. Filing no. 78 the petitioner's Motion for an Evidentiary Hearing, is denied. Judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf.(GJG, )
January 4, 2007
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MEMORANDUM AND ORDER denying 82 Motion for Leave to Appeal in forma pauperis. THEREFORE, IT IS ORDERED: 1. That leave to proceed in forma pauperis on appeal is denied; 2. That a certificate of appealability is not applicable, or, if applicable, is denied; and 3. That, pursuant to Fed. R. App. P. 24(a)(4), the Clerk of Court shall send a copy of this Memorandum and Order to the parties and the Eighth Circuit Court of Appeals as notice that the petitioner has been denied in forma pauperis status on appeal, and that his appeal has been determined not to be in good faith. Ordered by Judge Richard G. Kopf.(JAR)
January 16, 2008
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MEMORANDUM AND ORDER regarding State Court Records60 filed by Robert Houston. The above referenced case is closed and the appeal time has expired. IT IS THEREFORE ORDERED that: the State Court Records filed as attachments to Filing No. 60, (1 Box), be returned to Susan Gustafson, counsel for Respondent, for appropriate disposition. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)