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09-032 - Wetherell v. Dahm


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09-032 - Wetherell v. Dahm
February 24, 2009
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MEMORANDUM AND ORDER that upon initial review of the Petition for Writ of Habeas Corpus 1, the court preliminarily determines that all four of Petitioner's claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. 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 4/9/09, 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: 4/9/09: deadline for Respondent to file answer or motion for summary judgment.Ordered by Judge Laurie Smith Camp. (Copies mailed as directed) (JSF)
February 24, 2009
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MEMORANDUM AND ORDER denying 2 MOTION for Leave to Proceed in forma pauperis filed by Niccole A. Wetherell. Petitioner is granted until 3/25/09 to pay the $5.00 filing fee. The clerk is directed to set a pro se case management deadline for 3/25/09: deadline for petitioner to pay $5.00 filing fee. Ordered by Judge Laurie Smith Camp. (JSF)
May 27, 2009
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ORDER denying 17 Motion to Appoint Counsel. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )
September 1, 2009
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MEMORANDUM AND ORDER that Respondent's Motion for Summary Judgment 9 is granted. Petitioner Niccole Wetherell's Petition for Writ of Habeas Corpus 1 is denied in all respects and this action is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Respondent's Motion to File Replacement Brief 12 is granted. For purposes of this Memorandum and Order, the court considers only Respondent's revised Brief 13. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
November 12, 2009
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MEMORANDUM AND ORDER - Petitioner shall have until December 10, 2009, to file a Motion for Certificate of Appealability and Brief in support; In the event that Petitioner fails to file a Motion and Brief, as set forth in this Memorandum and Order, the court will deny the issuance of a Certificate of Appealability without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: December 10, 2009: check for filing of Motion for Certificate of Appealability. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (KBJ)
January 4, 2010
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MEMORANDUM AND ORDER that Wetherell's Motion for Leave to Proceed in Forma Pauperis 23 is granted. Petitioner's Motion to Appoint Counsel 24 is denied without prejudice to reassertion before the Eighth Circuit. Petitioner's Motion for Certificate of Appealability 28 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 Judge Laurie Smith Camp. (Copy mailed as directed and to pro se party) (JSF)