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07-3214 - Lopez v. Houston

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07-3214 - Lopez v. Houston
October 26, 2007
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MEMORANDUM AND ORDER - The petitioner's motion for leave to proceed in forma pauperis (filing 2) is denied without prejudice, as moot. Upon initial review of the habeas corpus petition (filing 1), the court preliminarily determines that all claims are potentially cognizable in federal court, as described in the body of this memorandum. 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 December 11, 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: December 11, 2007: deadline for respondent to file answer or motion for summary judgment. 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 pro se party and to respondant and Nebraska Attorney General along with the petition filing 1 )(GJG, )
May 8, 2008
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MEMORANDUM AND ORDER granting 8 Motion for Summary Judgment. Petitioner Ruben Lopezs 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)