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05-3124 - Dean v. Houston et al


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05-3124 - Dean v. Houston et al
May 23, 2005
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HABEAS ORDER ON INITIAL REVIEW - that the Clerk of Court shall mail copies of the 2254 petition to the respondent and to the Nebraska Attorney General. By 06/15/2005, the respondent shall file an Answer to the petition. Signed by Magistrate Judge F. A. Gossett on 5/23/2005. (Copies mailed as directed)(CS, )
May 26, 2005
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis from this point forward. Signed by Magistrate Judge F. A. Gossett on 5/26/2005. (JAR)
July 28, 2005
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MEMORANDUM AND ORDER regarding MOTION for Summary Judgment9 filed by Robert Houston, and OBJECTION to Motion for Summary Judgment12 filed by JaRon Dean. The respondent should be required to address the matters raised by the petitioner in filing no. 12. Therefore, by August 25, 2005, the respondent shall file a brief in response to the petitioner's Objection, and by September 25, 2005, the petitioner may reply to the respondent's brief and present any additional arguments he may wish to make regarding the respondent's Motion for Summary Judgment. Thereafter, the respondent's Motion for Summary Judgment and the petitioner's Objection will be resolved by Chief Judge Joseph F. Bataillon on the basis of the record and the parties' briefs. Signed by Magistrate Judge F. A. Gossett on 7/28/2005. (JAR)
August 24, 2005
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ORDER sustaining 14 Motion to Extend. BySeptember 26, 2005, the respondent shall file a brief in response to the petitioner'sObjection 12 and shall file and serve on the respondent any supplementaldesignated state court records and affidavits/declarations in support of the respondent'sMotion for Summary Judgment 9. By October 26, 2005, the petitioner may replyto the respondent's brief and present any additional arguments to the respondent's Motionfor Summary Judgment. Signed by Magistrate Judge F. A. Gossett on 8/24/2005. (ADB) Modified on 8/26/2005 to correct action type (JAE, ).
January 12, 2006
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MEMORANDUM AND ORDER granting 9 Motion for Summary Judgment, overruling 12 the petitioner's Objection to the respondent's motion; finding as moot 17 the petitioner's Motion for Production of Documents in light of filing no. 18, the respondent's representation that the documents have been delivered to the petitioner; that the Petition for Writ of Habeas Corpus filed by JaRon Dean is denied and dismissed with prejudice; and that a separate judgment will be entered accordingly. Signed by Judge Joseph F. Bataillon on 1/12/2006. (PCV, )
February 14, 2006
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MEMORANDUM AND ORDER That filing 24, the petitioner's Motion for a Certificate of Appealability, is denied. That leave to proceed in forma pauperis on appeal is granted pursuant to Fed. R. App. P. 24(a)(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 theappeal to the Eighth Circuit. Signed by Judge Joseph F. Bataillon on 2/14/2006. (JAE, )