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15-336 - Pittman v. Frakes


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15-336 - Pittman v. Frakes
September 17, 2015
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MEMORANDUM AND ORDER -Petitioner's request to proceed IFP (Filing No. 2) is denied. Petitioner must pay the $5.00 filing fee within 30 days. Petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 19, 2015: deadline for Petitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. ( Pro Se Case Management Deadline set for 10/19/2015: deadline for Petition to pay $5.00 filing fee) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
January 20, 2016
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MEMORANDUM AND ORDER - Petitioner's Motion to Appoint Counsel (Filing No. 8) is denied without prejudice to reassertion. Upon initial review of the habeas corpus petition, the court preliminarily determines that Petitioners claims are potentially cognizable in federal court. The clerk of the court is directed to mail copies of this Memorandum and Order and the habeas corpus petition to Respondent and the Nebraska Attorney General by regular first-class mail. By March 4, 2016, Respondent must file a motion for summary judgment or state court records in support of an answer. ( Pro Se Case Management Deadline set for 3/4/2016: deadline for Respondent to file court records in support of answer or motion for summary judgment). If Respondent elects to file a motion for summary judgment, the procedures set forth within the order must be followed by Respondent and Petitioner. If Respondent elects to file an answer, the procedures set forth within the order must be followed by Respondent and Petitioner. 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. The clerk of the court is directed to term the motion event appearing Filing Number 7 (i.e., Petitioner's correspondence seeking information as to the status of his filing fee payment). The court received a filing fee payment in the amount of $5.00 on September 28, 2015. Ordered by Judge John M. Gerrard. (Copies mailed to pro se party and as directed)(MKR)
March 21, 2016
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MEMORANDUM AND ORDER: This case is dismissed with prejudice and a certificate of appealability will not be issued. Judgment will be entered by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMG)
March 21, 2016
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JUDGMENT regarding Memorandum and Order 21. This case is dismissed with prejudice. The court will not issue a certificate of appealability. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMG)
April 25, 2016
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ORDER granting the 28 Motion for Leave to Proceed in forma pauperis on appeal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)