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18-3009 - Yanga v. State of Nebraska et al


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18-3009 - Yanga v. State of Nebraska et al
February 1, 2018
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ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2) 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) (KLF)
February 5, 2018
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MEMORANDUM AND ORDER - IT IS ORDERED that: Petitioner shall file an amended petition in this case attacking only one of the separate state convictions and he shall file a new petition in a separate federal case attacking the other separate state conviction. Each petition should attack only one of the state convictions. Petitioner is allowed to proceed in forma pauperis in both federal cases-this one and the new case yet to be filed. Petitioner must file the amended petition in this case and the new petition no later than March 6, 2018. That means the documents must be received by the Clerk of Court on or before that date and the prison mail box rule will not otherwise apply. The Clerk shall mail two copies of the habeas corpus petition forms to the Petitioner. My chambers shall call this matter to my attention on March 7, 2018. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with two Habeas Corpus Petition forms)(TCL)
March 1, 2018
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ORDER - The Amended Petition for Writ of Habeas Corpus (filing no. 10) is denied. The Petitioner shall file a Second Amended Petition for Writ of Habeas Corpus no later than April 2, 2018. The Clerk of Court shall send Petitioner yet another copy of form AO241. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with form AO241) (KLF)
April 4, 2018
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ORDER - Upon initial review of the habeas corpus petition (Filing No. 13), 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 May 21, 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: May 21, 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: June 18, 2018: check for Respondent's answer and separate brief. Petitioner's Motion to Appoint Counsel (Filing No. 3) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)