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09-113 - Wells v. Houston


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09-113 - Wells v. Houston
March 31, 2009
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MEMORANDUM AND ORDER regarding 2 Motion for Leave to Proceed in forma pauperis. The Motion for Leave to Proceed in Forma Pauperis (filing no. 2) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
April 13, 2009
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MEMORANDUM AND ORDER regarding Initial review of complaint. Upon initial review of the Petition for Writ of Habeas Corpus (filing no. 1), the court preliminarily determines that Claims One through Seven, Nine, and Ten are potentially cognizable in federal court. The court decides that Claims Eight and Eleven are not cognizable in a federal court habeas action and are therefore dismissed. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus (filing no. 1) to Respondent and the Nebraska Attorney General by regular first-class mail. By May 28, 2009, Respondent shall 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 28,2009: 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 24, 2009: check for Respondent to file answer and separate brief. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party, copy of M&O and Petition mailed to Respondent and the Nebraska Attorney General)(LKH)
May 18, 2009
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MEMORANDUM AND ORDER regarding 8 Motion to Appoint Counsel. This matter is before the court on Petitioner's Motion to Appoint Counsel. (Filing No. 8.) [T]here is neither a constitutional nor statutory right to counsel in habeas proceedings; instead, [appointment of counsel] is committed to the discretion of the trial court. McCall v. Benson, 114 F.3d 754, 756 (8th Cir. 1997) (citations omitted). As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. IT IS THEREFORE ORDERED that: Petitioner's Motion to Appoint Counsel (filing no. 8) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
December 17, 2009
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MEMORANDUM AND ORDER - This matter is before the court on Petitioner Corey Wells' ("Wells") Petition for Writ of Habeas Corpus ("Petition"). (Filing No. 1.) IT IS ORDERED - 1. Petitioner Corey Wells' Petition for Writ of Habeas Corpus (filing no. 1) is denied in all respects and this action is dismissed with prejudice. 2. A separate judgment will be entered in accordance with this Memorandum and Order. 3. Petitioner's Motion for Leave to File Reply Brief (filing no. 18) is granted and the court considers Petitioner's Reply Brief (filing no. 19) as part of the record in this matter. All other pending motions are denied as moot. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
December 17, 2009
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JUDGMENT regarding Memorandum and Order, 20. Pursuant to the Memorandum and Order entered this date, the Petition for Writ of Habeas Corpus filed by Petitioner, Corey Wells, is dismissed with prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
February 3, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion for Reconsideration(filing no. 22) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 10, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal IFP (filing no. 32) is granted. Petitioner's Motion to Amend Motion for Certificate of Appealability (filing no. 33) is granted. Petitioner's Motion for Certificate of Appealability (filing no. 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 Richard G. Kopf. (Copy mailed to pro se party and provided to the Eighth Circuit) (JAB)