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09-3177 - Melando v. Bakewell et al


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09-3177 - Melando v. Bakewell et al
September 10, 2009
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ORDER that petitioner shall pay the $5.00 filing fee or submit a request to proceed in forma pauperis and an affidavit of poverty in support thereof on or before 9/29/2009. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with Form AO240 Application to Proceed Without Prepayment of Fees and Affidavit. ) (ADB, )
September 29, 2009
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ORDER provisionally granting 5 Motion for Leave to Proceed in forma pauperis. Plaintiff Charles Melando shall pay an initial partial filing fee of $5.00 by 10/28/09. Pro Se Case Management Deadline set for 10/28/2009 - deadline for payment of $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE)
September 29, 2009
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MEMORANDUM AND ORDER - Upon initial review of the petition 1 the Court preliminarily determines that petitioner's claim is 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 November 12, 2009, respondents 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: November 12, 2009: deadline for respondents 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: December 12, 2009: check for respondents to file answer and separate brief. No discovery shall be undertaken without leave of the Court. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to pro se party and as directed)(JAE)
February 19, 2010
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MEMORANDUM OPINION - Plaintiff's Petition will be dismissed without prejudice to reassertion after the plaintiff has exhausted his state court remedies. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE)