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07-3224 - Ball v. Robert Houston


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07-3224 - Ball v. Robert Houston
October 30, 2007
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MEMORANDUM AND ORDER - The petitioner's application to proceed in forma pauperis, filing 2, is denied. The petitioner is granted until November 30, 2007, to pay the $5.00 filing fee. The petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 30, 2007: deadline for petitioner to pay $5.00 filing fee. No further review of this case shall take place until the filing fee is paid. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party)(GJG, )
November 26, 2007
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MEMORANDUM AND ORDER regarding: MOTION to Extend13 filed by Danny L. Ball. The petitioner's motion for extension of time (filing 13) is granted, and the petition shall have until December 30, 2007, to pay the $5.00 filing fee. The petitioner is again warned that if the fee is not paid as required, the court may dismiss this case without further notice. No further review of this case shall take place until the filing fee is paid. ***Pro Se Case Management Deadlines: December 30, 2007, deadline for petitioner to pay $5.00 filing fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
February 27, 2008
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MEMORANDUM AND ORDER - Petitioner shall have until March 14, 2008 to pay the $5.00 filing fee. Petitioner is again warned that if the fee is not paid as required, the court may dismiss this case without further notice. After payment of the filing fee, Petitioner may file an amended petition on the Form AO241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. In addition to any new claims in the amended petition Petitioner shall entirely repeat the original petition. The Clerk of the court is directed to send to Petitioner the Form AO241 packet, Petition for Relief From a Conviction or Sentence By a Person in State Custody. The Clerk of the court is directed to Strike filings no. 8, 9, 14, 16,&18 from the record. The Clerk of the court is directed to terminate the previous pro se case management deadline and set a new deadline using the following text: March 14, 2008: deadline for petitioner to pay $5.00 filing fee.( Pro Se Case Management Deadline set for 3/14/2008.) Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party along with a AO241 Form)(GJG, )
March 27, 2008
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MEMORANDUM AND ORDER regarding Petition23. Upon initial review of the Petition for Writ of Habeas Corpus (filing no. 23), the court preliminarily determines that the following claims are potentially cognizable in federal court. Petitioner's Motion for Appointment of Counsel (filing no. 3) is denied without prejudice to reassertion. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus (filing no. 23) to Respondent and the Nebraska Attorney General. By May 12, 2008, Respondent shall file a motion for summary judgment or an answer. (Pro Se Case management deadline - May 12, 2008: deadline for Respondent to file answer or motion for summary judgment.)Ordered by Judge Richard G. Kopf. (Copies mailed as directed and to pro se party)(JAB)
June 26, 2008
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MEMORANDUM AND ORDER regarding pending motions. 1. Petitioner's Motion for Evidentiary Hearing (filing no. 34) is denied. 2. Petitioner's Motion to Appoint Counsel (filing no. 33) is denied. 3. Petitioner's Request for Additional Documents (filing no. 31) is granted. 4. Respondent shall file the requested documents in filing no. 31 no later than July 24, 2008. 5. Petitioner shall have until August 25, 2008, to reply to Respondent's Motion for Summary Judgment. 6. Respondent shall then have until September 24, 2008 to file and serve a reply brief in response to Petitioner's reply to Respondents Motion for Summary Judgment. 7. The Clerk of court is directed to set a pro se case management deadline using the following language: "Habeas ripe for decision on or around September 24, 2008." Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
August 29, 2008
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MEMORANDUM AND ORDER regarding motions. Petitioner's Motion for Injunction (filing no. 37) is denied. Petitioner's Motions to Appoint Counsel and his Request for an Evidentiary Hearing (filing nos. 46, 50) are denied without prejudice to reassertion. Respondent's Motion to Strike (filing no. 40) is granted as to filings 28, 29, and 36, and denied as to filing 37. The Clerk of the court is directed to strike filings 28, 29, and [36 ]from the record as duplicative. Petitioner's Objection to Respondent's Motion to Strike (filing no. 43) is denied as moot. Respondent's Motion to Substitute Party (filing no. 42) is granted. The Clerk of the court is directed to substitute Robert Houston as Respondent in this action in place of Nebraska Department of Corrections. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)
October 2, 2008
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MEMORANDUM AND ORDER - Respondent's motion for summary judgment (filing no. 26) is granted as provided herein. Petitioner's Petition for Writ of Habeas Corpus (filing nos. 1 and 23) is denied and dismissed with prejudice. A separate judgment will be issued. 2. Petitioners motion for DNA testing (filing no. 49) is denied as moot. Petitioners "Objection and Travers" (filing no. 55) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG, )
December 16, 2008
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal In Forma Pauperis (filing no. 66) is granted. Petitioner's Motion for Certificate of Appealability (filing no. [63) is denied without prejudice to reassertion before the Eighth Circuit. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG, )