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17-3078 - Torres v. Frakes


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17-3078 - Torres v. Frakes
June 23, 2017
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STRICKEN-MEMORANDUM AND ORDER Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $40.48 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. ยง 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Pro Se Case Management Deadline set for 7/24/2017:initial partial filing fee payment due. Ordered by Magistrate Judge F.A. Gossett. (MKR) Modified on 6/23/2017 to remove copy mailed.(MKR). Modified on 6/23/2017 to strike per Order 9 (MKR).
June 23, 2017
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MEMORANDUM AND ORDER- Petitioner's Motion for Leave to Proceed in Forma Pauperis 25 is granted. Ordered by Magistrate Judge F.A. Gossett. (MKR)
June 30, 2017
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ORDER UPON INITIAL REVIEW - The Clerk of Court shall serve copies of this order and the petition to the respondent and the Nebraska Attorney General. On or before July 31, 2017, the respondent shall file a response. The Clerk of Court shall set a case-management deadline for this date. Whether filing an answer or a motion for summary judgment, the respondent shall file (1) a pleading entitled "Designation of Relevant State Court Records," and (2) copies of all records described in that designation. If Torres determines that the respondent's designation is insufficient, he shall have ten days to file a motion specifically requesting additional documents and explaining the reasons the documents are relevant to his claims. Whether the respondent files an answer or a motion for summary judgment, Torres shall file any reply within thirty days after service of the respondent's answer or motion. If either party moves for a stay and abeyance of Torres's federal petition pending resolution of Torres's motion for post-conviction relief in state court, such party must file a brief in support addressing the relevant issues identified in Rhines v. Weber, 544 U.S. 269, 277-78 (2005), and its progeny. Ordered by Judge Robert F. Rossiter, Jr. (Copies provided as directed) (JSF)
January 10, 2018
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ORDER - Petitioner's Motion to Amend Petition for Writ of Habeas Corpus (Filing No. 26) is granted. Petitioner shall file the Amendment to Petition (Filing No. [26-1]) on or before January 19, 2018. Respondent shall file an answer or other responsive pleading within thirty days of the filing of the Amendment to Petition. Petitioner's Motion Requesting Additional Relevant State Court Documents to be Filed (Filing No. 21) is granted. Respondent shall file the requested additional documents on or before February 28, 2018. Ordered by Magistrate Judge Michael D. Nelson. (KLF)