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07-353 - Fountain v. Bakewell


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07-353 - Fountain v. Bakewell
October 4, 2007
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MEMORANDUM AND ORDER denying 2 Motion for Leave to Proceed in forma pauperis. The petitioner is granted until November 5, 2007, to pay the $5.00 filing fee. The petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. No further review of this case shall take place until the filing fee is paid. Ordered by Judge Richard G. Kopf. (Copy mailed to Petitioner)(JAB)
November 28, 2007
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HABEAS ORDER ON INITIAL REVIEW - 1. Petitioner's request for the appointment of counsel (filing 1 23) is denied without prejudice to reassertion. 2. Upon initial review of the habeas corpus petition (filing 1), the court preliminarily determines that Claims 1 and 2 are potentially cognizable in federal court, as described in the body of this memorandum. The court further finds that Claim 3 is not an independent ground for habeas relief and is dismissed. 3. The Clerk of Court is directed to mail copies of this memorandum and order and the section 2254 petition to the respondent and the Nebraska Attorney General by regular first-class mail. 4. By January 14, 2008, the respondent shall file a motion for summary judgment or an answer, etc. ***Pro Se Case Management Deadline set for 1/14/2008: deadline for respondent to file answer or motion for summary judgment. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party and as directed to respondent.)(JAB)
July 28, 2008
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MEMORANDUM AND ORDER granting 13 Motion for Summary Judgment. By the time Fountain filed his petition in this court on September 7, 2007, his habeas action was barred. Because Fountain has provided no basis for equitable tolling of the statute of limitations, Respondent's Motion for Summary Judgment (filing no. 13) is granted. A separate judgment shall be issued dismissing this case with prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)