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04-3317 - Pestka v. Britten


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04-3317 - Pestka v. Britten
May 25, 2006
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PROGRESSION ORDER - By June 26, 2006, each party shall file a brief on the issues discussed above and any other matters that party may wish to address. By July 26, 2006, each party shall file a brief in response to the other party's brief. Unless the court orders any additional proceedings, this matter will bedeemed submitted at the close of this briefing schedule on the basis of the pleadings, the state court records and the briefs. Signed by Judge Richard G. Kopf on 5/25/2006. (GJG, )
June 27, 2006
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MEMORANDUM AND ORDER granting 19 Motion to Extend. The petitioner filed his initial brief (filing no. 20 ). In filing no. 19 the respondent requests an additional few weeks to file his initial brief. The respondent has shown reasonable grounds for the extension. Therefore, the deadline for the respondent's initial brief will be extended until July 17, 2006. Thereafter, each party shall have until August 25, 2006 to file a second brief, if either party wishes to do so. On the other hand, a decision against filing a second brief will not be construed as an abandonment of claims or defenses. Signed by Magistrate Judge F. A. Gossett on 6/27/2006. (GJG, )
July 18, 2006
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MEMORANDUM AND ORDER - This matter is before the court on filing no. 22 the respondent's second Motion for Extension of Time. The Motion is granted. Therefore, the deadline for the respondent's initial brief will be extended until July 31, 2006. Thereafter, each party shall have until September 8, 2006 to file a second brief, if either party wishes to do so. On the other hand,a decision against filing a second brief will not be construed as an abandonment of claims or defenses. Signed by Magistrate Judge F. A. Gossett on 7/18/2006. (GJG, )
April 10, 2007
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MEMORANDUM AND ORDER - For the foregoing reasons, Pestka's petition for habeas corpus must be denied and dismissed with prejudice. Therefore, IT IS ORDERED that the petition for a writ of habeas corpus submitted pursuant to 28 U.S.C. ยง 2254 (filing 1) is denied. Judgment will be entered by separate document dismissing the petition with prejudice. Ordered by Judge Richard G. Kopf. Copy Mailed to Petitioner. (GJG, )
May 7, 2007
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MEMORANDUM AND ORDER - IT IS ORDERED: 1. That filing no. 31, the petitioner's Application for Leave to Proceed in Forma Pauperis ("IFP") on appeal, is granted; 2. That filing no. 30, the petitioner's Motion for a Certificate of Appealability, is denied, but the petitioner may still seek a Certificate of Appealability from the Eighth Circuit Court of Appeals; and 3. That the Clerk of Court shall provide a copy of this Memorandum and Order to the parties and the Eighth Circuit Court of Appeals, and the Clerk shall process this appeal to the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to Petitioner)(CS, )
October 22, 2008
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MEMORANDUM AND ORDER regarding: State Court Records15 filed by Fred Britten. The State Court Records filed as attachments to Filing No. 15, (1 Box), be returned to James D. Smith, counsel for Respondent, for appropriate disposition. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)