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07-3204 - Engler v. Bakewell

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07-3204 - Engler v. Bakewell
October 9, 2007
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MEMORANDUM AND ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis. The petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Joseph F. Bataillon.(ADB)
October 11, 2007
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HABEAS ORDER ON INITIAL REVIEW - Upon initial review of the habeas corpus petition 1, the court preliminarily determines that the following claims are potentially cognizable in federal court: Claims One through Four as described in this memorandum. The petitioner's request for the appointment of counsel 4 isdenied without prejudice to reassertion. The Clerk of the court is directed to mail copies of this memorandum and order and the section 2254 petition to the respondent and the Nebraska Attorney General by regular first-class mail. By November 26, 2007, the respondent shall file a motion for summary judgment or an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 26, 2007: deadline for the respondent to file answer or motion for summary judgment. Ordered by Judge Joseph F. Bataillon. - (Copies as directed to Respondent and Attorney General by US Mail and paper copy of this Order to Petitioner) (KBJ)
February 7, 2008
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MEMORANDUM AND ORDER - Petitioner's Motion to Dismiss without Prejudice 12 is granted. Respondent's Objection to Motion to Dismiss 11 is denied. Respondent's Motion for Summary Judgment 8 is denied. This matter is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)