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09-3046 - Long v. Houston et al


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09-3046 - Long v. Houston et al
March 30, 2009
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MEMORANDUM AND ORDER that the Motion for Leave to Proceed in Forma Pauperis 2 is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (copy mailed to pro se party)(CJP)
March 30, 2009
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MEMORANDUM AND ORDER that upon initial review of the Petition for Writ of Habeas Corpus 1 the court preliminarily determines that Petitioner's Claims One through Five, as set forth in this Memorandum and Order, are potentiallycognizable in federal court; upon initial review of the Petition for Writ of Habeas Corpus 1 the court determines that Petitioner's Claim Six and Seven, as set forth in this Memorandum and Order, are not cognizable in a federal court habeas corpus action and are dismissed without prejudice; the Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus 1 to Respondent and the Nebraska Attorney General by regular first-class mail; by May 14, 2009, 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: May 14, 2009: 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 Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party, Respondent and Nebraska Attorney General)(CJP)
May 19, 2009
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion to Appoint Counsel (filing no. 11) is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
October 21, 2009
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MEMORANDUM AND ORDER - Petitioner Bernard D. Long's Petition for Writ of Habeas Corpus (filing no.1) 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 Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
January 21, 2010
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Reconsideration (filing no. 17) is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
February 18, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal in Forma Pauperis (filing no. 20) is granted. Petitioner's Motion to Appeal, construed as a Motion for Certificate of Appealability (filing no. 24), and Motion to Appoint Counsel (filing no. 23) are denied without prejudice to reassertion before the Eighth Circuit. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )