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07-3211 - Ortiz v. Bakewell


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07-3211 - Ortiz v. Bakewell
August 23, 2007
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MEMORANDUM AND ORDER regarding: Petition for Writ of Habeas Corpus1 filed by Gary E. Ortiz. IT IS ORDERED: 1. The clerk's office shall maintain the original paper attachment. (Filing 1). 2. Petitioner shall not submit any additional documents to the court with highlighted text. If Petitioner submits additional documents containing highlighted text, those documents will not be filed and will be returned to Petitioner. Ordered by Judge Richard G. Kopf. (Copy mailed to petitioner)(JAB)
September 12, 2007
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis, denying 3 Motion to Appoint Counsel, and conducting initial review. IT IS ORDERED: (1) The application to proceed in forma pauperis (filing 2) is provisionally granted and the petitioner will not be required to pay the $5.00 fee at this time. (2) The motion for appointment of counsel (filing 3) is denied. (3) Upon initial review of the habeas corpus petition (filing 1), the court preliminarily determines that the following claims are potentially cognizable in federal court: The seven claims listed in the body of this memorandum. By November 5, 2007, the respondent shall file a motion for summary judgment or an answer. No discovery shall be undertaken without leave of the court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. Ordered by Judge Richard G. Kopf. (Copies mailed to petitioner and respondent and Attorney General as directed.)(JAB)
April 2, 2008
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MEMORANDUM AND ORDER granting 9 Defendant's Motion for Summary Judgment. Petitioner Gary Ortiz's Petition for Writ of Habeas Corpus is denied in all respects and this action is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
May 12, 2008
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MEMORANDUM AND ORDER granting 19 Motion for Leave to Appeal in forma pauperis. Petitioner's Motion for Certificate of Appealability (filing no. 17) is denied without prejudice to reassertion before the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (JAB)