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09-251 - Castonguay v. Douglas County Correction Center


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09-251 - Castonguay v. Douglas County Correction Center
July 28, 2009
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MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defect in the Petition on or before August 28, 2009. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the court send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: August 28, 2009: deadline for Petitioner to pay filing fee or submit IFP application. Pro Se Case Management Deadline set for 8/28/2009.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party along with Form A0240)(GJG)
August 20, 2009
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MEMORANDUM AND ORDER granting 6 Motion for Leave to Proceed in forma pauperis. Petitioner is relieved from paying the fee at this time. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
September 1, 2009
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MEMORANDUM AND ORDER denying as moot10 Motion to Extend Time to Pay the Filing Fee. The court already granted Petitioner's Motion to Proceed in Forma Pauperis in this case (see filing no. 9). Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (JAB)
September 4, 2009
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MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus1 filed by Paul Castonguay, Sr. Upon initial review of the Petition, the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. Petitioner's request for the appointment of counsel is denied without prejudice to reassertion. By October 18, 2009, Respondent shall file a motion for summary judgment or state court records in support of an answer. ***Pro Se Case Management Deadlines: 10/18/2009 deadline for Respondent to file state court records in support of answer or motion for summary judgment. November 17, 2009: check for respondent to file answer and separate brief. Ordered by Judge Richard G. Kopf. (Copies mailed as directed and to pro se party)(JAB)
November 5, 2009
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MEMORANDUM AND ORDER denying as moot 14 Motion for Leave to Proceed in forma pauperis. Because Petitioner has already been granted leave to proceed in forma pauperis in this case, his motion is denied as moot. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
December 23, 2009
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JUDGMENT regarding Memorandum and Order29. Pursuant to the previous Memorandum and Order entered this date, this case is dismissed without prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (JAB)
January 14, 2010
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MEMORANDUM AND ORDER regarding Notice of Appeal to USCA34 filed by Paul Castonguay, Sr. Petitioner's Motion of Violations (filing no. 31), construed as a Motion for Reconsideration, is denied. Petitioner shall have until February 15, 2010, to file a motion for certificate of appealability and brief in support. At that time, Petitioner may also submit a motion for leave to appeal in forma pauperis. 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. ***Pro Se Case Management Deadline set for 2/15/2010, check for COA. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
March 17, 2010
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MEMORANDUM AND ORDER - Petitioner is granted leave to proceed IFP on appeal. Petitioner's Request for Certificate of Appealability (filing no. 40) 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; sent electronically to the 8th Circuit) (GJG)