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15-3121 - Caton v. State of Nebraska


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15-3121 - Caton v. State of Nebraska
October 16, 2015
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MEMORANDUM AND ORDER - Petitioner is directed to submit the $5.00 fee to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. The clerk of the court is directed to send to Petitioner the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: November 17, 2015: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with form)(GJG)
October 28, 2015
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 5) is granted. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of the Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
January 19, 2016
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MEMORANDUM AND ORDER - The clerk of the court is directed to mail copies of this Memorandum and Order and the habeas corpus petition to Respondent and the Nebraska Attorney General by regular first-class mail. By March 4, 2016, Respondent must 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: March 4, 2016: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the following procedures must be followed by Respondent and Petitioner. By March 4, 2016, Respondent must file all state court records that are relevant to the cognizable claims. See, e.g., Rule 5(c)-(d) of the Rules Governing Section 2254 Cases in the United States District Courts. Those records must be contained in a separate filing entitled: "Designation of State Court Records in Support of Answer." The clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 4, 2016: check for Respondent's 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)
July 7, 2016
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MEMORANDUM AND ORDER - This matter is dismissed with prejudice, and a separate judgment will be entered in accordance with this Memorandum and Order. The court will not issue a certificate of appealability in this matter. Petitioner's request for appointment of counsel (See Filing No. 1) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 25, 2016
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ORDER granting 19 Motion for Leave to Appeal in forma pauperis. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and e-mailed to 8th Circuit)(JAB)