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18-3008 - Miksch v. Hansen


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18-3008 - Miksch v. Hansen
January 23, 2018
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ORDER denying as moot MOTION for Leave to Proceed in forma pauperis 2 filed by Patrick M. Miksch. 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB)
January 24, 2018
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ORDER - Upon initial review of the habeas corpus petition (Filing No. 1), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in federal court. By March 12, 2018, 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 12, 2018: 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: April 9, 2018: check for Respondent's answer and separate brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
April 12, 2018
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MEMORANDUM AND ORDER - The objection (filing no. 12) to the motion for summary judgment is denied. The motion for summary judgment (filing no. 9) is granted. The petition for writ of habeas corpus (filing no. 1) is denied anddismissed with prejudice. No certificate of appealability has been or will be issued. A judgment will be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 19, 2018
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MEMORANDUM AND ORDER - that the "reply" (filing no. 17) is stricken because it was not authorized by the progression order and separately because it is moot. Furthermore, the "reply" considered as a motion to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e) or a motion for relief from judgment under Federal Rule of Civil Procedure 60(a)&(b) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 30, 2018
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MEMORANDUM AND ORDER - Petitioner's request for a certificate of appealability (filing no. 19) is denied. Petitioner is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis by May 30, 2018. 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: May 30, 2018: Check for MFIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)