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15-301 - Harper v. Franks


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15-301 - Harper v. Franks
August 14, 2015
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MEMORANDUM AND ORDER that the Petitioner is directed to submit the $5.00 fee to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. The clerk of the court is directed to 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: September 17, 2015: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with Form AO240) (ADB)
January 20, 2016
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Harper is directed to file an amended petition for writ of habeas corpus within 30 days in accordance with this Memorandum and Order. To avoid confusion, any document Harper sends to the clerk of the court for filing in this case must clearly display the case number. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The clerk of the court is directed to send to Harper the Form AO241 ("Petition for Relief From a Conviction or Sentence By a Person in State Custody"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: February 22, 2016: Check for amended petition. Harper's request for the appointment of counsel (Filing No. 4) will be denied at this time. 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. See, e.g., Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted). The court has carefully reviewed the record and finds there is no need for the appointment of counsel at this time. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
February 9, 2016
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MEMORANDUM AND ORDER that upon initial review of the Amended Petition for Writ of Habeas Corpus 6, the court preliminarily determines that Petitioner's claim, as it is set forth in this Memorandum and Order, is potentially cognizable in federal court. By March 24, 2016, Respondent must 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: March 24, 2016: 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: April 26, 2016: check for Respondent's answer and separate brief. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(copy mailed with the amended habeas corpus petition to Respondent and the Nebraska Attorney General) (ADB)
June 8, 2016
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ge Richard G. Kopf. (Copy mailed to pro se party)(GJG)MEMORANDUM AND ORDER - Petitioner's petition is dismissed with prejudice, and the court will not issue a certificate of appealability in this matter. The court will enter a separate judgment in accordance with this order. Ordered by Senior Jud
June 15, 2016
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MEMORANDUM AND ORDER - Petitioner's Motion for Reconsideration (Filing No. 15) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)