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09-3129 - Reising v. Nebraska Department of Correctional Services


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09-3129 - Reising v. Nebraska Department of Correctional Services
July 14, 2009
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MEMORANDUM AND ORDER regarding 2 Motion for Leave to Proceed in forma pauperis. Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (filing no. 1), a Motion for Leave to Proceed in Forma Pauperis (filing no. 2), and a copy of his institutional trust account statement (filing no. 3). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. 28 U.S.C. § 1914(a). However, pursuant to 28 U.S.C. § 1915(a)(1)-(2), and after considering Petitioner's financial status as shown in the records of this court, provisional leave to proceed in forma pauperis will be granted and Petitioner is relieved from paying the fee at this time. IT IS THEREFORE ORDERED that: The Motion for Leave to Proceed in Forma Pauperis (filing no. 2) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
July 14, 2009
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MEMORANDUM AND ORDER regarding initial review of petition. Upon initial review of the Petition for Writ of Habeas Corpus (filing no. 1), the court preliminarily determines that the following claims are potentially cognizable in federal court: Claims One and Three. The court determines that Claim Two is not cognizable in a federal court habeas action and is therefore dismissed. Petitioner's request for the appointment of counsel (filing no. 1 at CM/ECF p. 8) is denied 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 August 28, 2009, the respondent shall file a motion for summary judgment or state court records in support of an answer. ***Pro Se Case Management Deadlines: August 28, 2009: deadline for respondent to file state court records in support of answer or motion for summary judgment and check for respondent to file answer and separate brief. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party and as directed)(LKH)
August 4, 2009
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MEMORANDUM AND ORDER - Petitioner shall have until September 2, 2009, to file an Amended Petition. Petitioner's Amended Petition shall set forth all grounds included in his current Petition and his Motions to Amend, as well as any new grounds. Failure to consolidate grounds into one document will result in abandonment of all grounds not included in his original Petition. The Clerk of court is directed to set a pro se case management deadline in this case using the following text: September 2, 2009: Deadline for Petitioner to file a consolidated Amended Petition. Petitioner's Motion to Appoint Counsel (filing no. 10) is denied without prejudice to reassertion. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
September 3, 2009
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MEMORANDUM AND ORDER regarding: Amended Petition13 filed by Gregory C. Reising. Upon initial review of the Amended Petition (filing no. 13), the court preliminarily determines that Petitioner's Claims One, Two, and Three are potentially cognizable in federal court. The court determines that Claims Four and Five are not cognizable in a federal court habeas action and are therefore dismissed. By October 18, 2009, Respondent shall file a motion for summary judgment or state court records in support of an answer. ***Pro Se Case Management Deadlines: October 18, 2009: deadline for Respondent to file state court records in support of answer or motion for summary judgment; November 17, 2009: check for respondent to file answer and separate brief. Ordered by Judge Richard G. Kopf. (Copies mailed as directed and to pro se party)(JAB)
October 6, 2009
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MEMORANDUM AND ORDER - According to the progression order entered by this court on September 3, 2009, Respondent has until October 18, 2009, to file all state court records that are relevant to Petitioner's cognizable claims. Therefore, Petitioner's Motion for Discovery (filing no. 16) is denied. Respondent's Objection to Motion for Miscellaneous Relief (filing no.19) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
November 24, 2009
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MEMORANDUM AND ORDER - Reising's Motion for Access to the Courts (filing no. 24), Motion to Continue (filing no. 29), Motion for Response (filing no. 41), Motion for Status (filing no. 42), and Motion to Withdraw Request for Extension (filing no. 43) are denied as moot. Reising's Motion for Discovery (filing no. 30), Motion to Amend Designation of State Court Records (filing no. 38), and Motion to Appoint Counsel (filing no. 35) are denied without prejudice to reassertion. Reising's Motion for Additional State Court Records (filing no. 31) is granted, but only as provided herein. Respondent shall immediately send to Reising a complete copy of the following state court records: appellant's brief on direct appeal (filing no. 15-3, attach. 2); appellant's brief in the postconviction action (filing no. 25-5, attach. 4); and appellant's reply brief in the postconviction action (filing no. 25-7, attach. 6). Reising shall have until December 24, 2009, to file an Amended Brief in Response. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 24, 2009: deadline for Petitioner to file Amended Brief in Response. Reising's Motion for Hearing to Determine Competency (filing no. 36) is denied. Respondent's Objection to Motion for Discovery (filing nos. 32) and Motion to Strike (filing no. 48) are denied without prejudice to reassertion. Respondent's Objection to Motion for Hearing (filing no. 39) is granted. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
December 1, 2009
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MEMORANDUM AND ORDER denying 51 Petitioner's Motion for Reconsideration. The court has carefully reviewed the record and finds no good cause to reconsider its previous Memorandum and Order. The parties shall proceed as directed in the courts previous Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (JAB)
March 18, 2010
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MEMORANDUM AND ORDER - The court deems this matter fully submitted. Petitioner's Amended Petition for Writ of Habeas Corpus (filing no. 13) 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. All pending motions are denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
April 7, 2010
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MEMORANDUM AND ORDER - Petitioner shall have until May 4, 2010, to file a Motion for Certificate of Appealability and Brief in support. In the event that Petitioner fails to file a Motion and Brief, as set forth in this Memorandum and Order, the court will deny the issuance of a Certificate of Appealability without further notice. The Clerk of the court is directed to set a pro se case management in this case with the following text: May 4, 2010: check for filing of Motion for Certificateof Appealability.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
May 4, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal IFP (filing no. 61) is granted. Petitioner's Motion for Certificate of Appealability (filing no. 65) is denied without prejudice to reassertion before the Eighth Circuit. Petitioner's Motion for Continuance (filing no. 64) is denied as moot. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(TCL)