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95-3032 - USA v. Hansen, et al


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95-3032 - USA v. Hansen, et al
August 15, 2006
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MEMORANDUM AND ORDER on Initial Review and on Motions to Proceed in Forma Pauperis and for Appointment of Counsel as to Richard Hansen (1). THEREFORE, IT IS ORDERED: 1. That filing no. 188, the defendant's Motion for Leave to Proceed In Forma Pauperis, is granted; 2. That filing no. 190, the defendant's Motion for Appointment of Counsel, is granted; the Federal Public Defender for the District of Nebraska, or another attorney on the CJA panel selected by the Federal Public Defender, is appointed to represent the defendant in this matter, and the defendant's counsel shall both enter an appearance and confer with the defendant by no later than August 31, 2006; 3. That upon initial review, I conclude that summary dismissal of the defendant's 2255 motion is not appropriate; 3. That by September 25, 2006, the United States shall answer or otherwise respond to the defendant's 2255 motion, and the United States shall file an accompanying brief; and 4. That by October 25, 2006, the defendant shall file a reply. Ordered by Senior Judge Warren K. Urbom (Copy to FPD)(JAR)
November 7, 2006
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ORDER regarding 187 Motion to Vacate (2255) as to Richard Hansen (1). The defendant shall file a reply brief in support of his Section 2255 motion within twenty days of the date of this order; 2. The defendant's reply brief must address the issues specified in the memorandum accompanying this order; and 3. If the defendant fails to file a reply brief, his Section 2255 motion will be dismissed as an impermissible collateral attack upon a prior state conviction. Ordered by Judge Warren K. Urbom.(EJL, )
November 28, 2006
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ORDER OF DISMISSAL regarding Order on Motion to Vacate (2255),198 as to defendant Richard Hansen. My Memorandum and Order on Defendant's Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255, dated November 7, 2006, directed that the defendant file a reply brief in support of his 2255 motion within 20 days of November 7, 2006. On November 27, 2006, I was notified by a member of the staff of the defendant's counsel that no reply brief would be submitted, and none has been. Accordingly, IT IS ORDERED that the Defendant's 2255 motion is dismissed as an impermissible collateral attack upon a prior state conviction. Ordered by Judge Warren K. Urbom.(JAR)
December 11, 2006
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MEMORANDUM AND ORDER on Purported Declaration in Support of Motion Under 28 U.S.C. Section 2255 as to Richard Hansen. The declaration of Richard Otto Hansen, filing 200, is untimely and the Section 2255 motion remains dismissed. Ordered by Judge Warren K. Urbom.(EJL, )
March 18, 2008
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Notice of Filing of Motion Under 28 U.S.C. Section 2255, 205as to defendant(s) Richard Hansen. The United States Attorney is notified of the filing on March 13, 2008, of a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody, filing 205. The United States shall have until April 25, 2008, in which to respond. Ordered by Senior Judge Warren K. Urbom. (EJL)
May 14, 2008
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MEMORANDUM AND ORDER dismissing 205 Defendant's SECOND Motion to Vacate (2255) as to Richard Hansen (1). Defendant has not obtained an order authorizing the filing of the motion. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(LKL) Civil Case 4:08-cv-03050-WKU closed.
May 14, 2008
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JUDGMENT regarding Order on Motion to Vacate (2255)210 as to defendant Richard Hansen. IT IS ORDERED that judgment is entered for the United States of America and against the defendant, Richard Otto Hansen, and the defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, filing 205, is denied. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(LKL)
June 24, 2008
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MEMORANDUM AND ORDER ON DEFENDANT'S REQUEST FOR ISSUANCE OF A CERTIFICATE OF APPEALABILITY - The defendant's request for a certificate of appealability, filing 213, is denied as to Richard Hansen (1). Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)( GJG, )
June 24, 2008
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ORDER REGARDING IN FORMA PAUPERIS STATUS - Richard Hansen has not shown that he is entitled to proceed in forma pauperis on appeal of Defendant's Second Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255, filing 210, and he, therefore, is not eligible to proceed in forma pauperis. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG, )
August 27, 2008
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MEMORANDUM AND ORDER - Defendant Richard Hansen's Notice of Appeal 221 isduplicative of Filing No. 213. Because this matter is already pending before the Eighth Circuit Court of Appeals, the Clerk of the court need not take any further action regarding Hansen's second Notice of Appeal. The Clerk of the court is directed to send a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals, as to defendant Richard Hansen. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party) (Copy forwarded to USCA - 8th Circuit as directed) (JAE, )