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08-355 - Agee v. Britten


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08-355 - Agee v. Britten
August 15, 2008
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ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis, but petitioner shall pay the $5 filing fee by 10/13/08. The clerk is directed to set a pro se case management deadline in this case for 10/13/08: deadline for payment of $5 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)
October 9, 2008
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MEMORANDUM AND ORDER - Upon initial review of the Petition for Writ of Habeas corpus 1 the Court preliminarily determines that all five of petitioner's claims, as set forth in this Memorandum and order, are potentially cognizable in federal court. Petitioner's Motion for Appointment of Counsel 1 is denied without prejudice to reassertion. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus 1 to respondent and the Nebraska Attorney General by regular first-class mail. By November 21, 2008, respondent shall file a motion for summary judgment or an answer. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 21, 2008: deadline for respondent to file answer or motion for summary judgment. If respondent elects to file a motion for summary judgment, the following procedures shall be set forth within the order. No discovery shall be undertaken without leave of the court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)
February 19, 2009
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ORDER denying 7 and 18 the Petitioner's Motions for Default Judgment; Petitioner's motion for additional state court records is denied as moot 13 Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
July 14, 2009
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MEMORANDUM OPINION on Timothy Earl Agee's Petition for Writ of Habeas Corpus 1. A separate order will be entered in accordance with this memorandum opinion Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
October 9, 2009
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ORDER denying 28 the petitioner's Motion for Reconsideration. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
December 2, 2009
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ORDER - Petitioner shall have until December 20, 2009, to file a notice of appeal. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: December 20, 2009: check for filing of notice of appeal. In the event that petitioner fails to file a notice of appeal, the Court will deny petitioner's pending motions without further notice. ( Pro Se Case Management Deadline set for 12/20/2009 - check for filing of notice of appeal.) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE)
January 20, 2010
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MEMORANDUM AND ORDER - Petitioners motion for leave to proceed in forma pauperis (Filing No. 32) is granted. Petitioners motion to appoint counsel (Filing No. 33) is denied without prejudice to reassertion before the Eighth Circuit. Petitioners motion for certificate of appealability (Filing No. 31) is denied without prejudice to reassertion before the Eighth Circuit. The clerk of the court shall provide the Court of Appeals a copy of this memorandum and order. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed and to pro se party)(MKR)