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09-3167 - Bryant v. Britten et al


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09-3167 - Bryant v. Britten et al
August 25, 2009
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MEMORANDUM AND ORDER provisionally granting the 2 Motion for Leave to Proceed in forma pauperis. The Petitioner is relieved from paying the fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
September 8, 2009
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MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1), the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. Petitioner's request for the appointment of counsel is denied without prejudice to reassertion. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Nebraska Attorney General by regular first-class mail. By October 18, 2009, Respondent shall file a motion for summary judgment or state court records in support of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 18, 2009: deadline for Respondent to file state court records in support of answer or motion for summary judgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 17, 2009: check for respondent to file answer and separate brief. 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. (Copies mailed as directed)(TCL )
November 13, 2009
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ORDER denying 12 Motion to Appoint Counsel Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )
January 29, 2010
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MEMORANDUM AND ORDER - Respondents' Motion for Summary Judgment 9 is grantedand Bryant's Motion to Deny Summary Judgment 13 is denied. Petitioner Clarence Bryant's Petition for Writ of Habeas Corpus 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)(JAE)
February 18, 2010
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MEMORANDUM AND ORDER, Petitioner shall have until March 16, 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 ofAppealability without further notice. The Clerk of the court is directed to set a pro se case management in this case with the following text: March 16, 2010: check for filing of Motion forCertificate of Appealability.***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 3/16/2010: check for filing of Motion for Certificate of Appealability) Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )
March 30, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal IFP (filing no. 20) is granted. Petitioner's Motion to Appoint Counsel (filing no. 22) is denied without prejudice to reassertion before the Eighth Circuit. Petitioner's Motion for Stay and Abeyance (filing no. 24) is denied as moot. The court declines to issue a Certificate of Appealability. 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. (Copies mailed as directed)(TCL)