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15-417 - Burton v. Frakes


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15-417 - Burton v. Frakes
January 20, 2016
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Burton's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2) is denied as moot. Burton paid the filing fee on November 13, 2015. 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 3, 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 3, 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 5, 2016: check for Respondent's answer and separate brief. 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. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL )
June 1, 2016
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ORDER denying 20 Motion to Appoint Counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
June 1, 2016
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ORDER granting 21 Petitioner's Motion to Extend. The Petitioner's reply brief to the Respondent's answer and brief is due on or before August 1, 2016. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF) Modified on 6/16/2016 to correct name of judge (JSF).
July 28, 2016
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ORDER that the Petitioner's motion for second extension of time (Filing 24) is granted. The Petitioner's reply brief to the Respondent's answer and brief is due on or before August 29, 2016. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
February 13, 2017
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ORDER TO SHOW CAUSE. The Petitioner shall have until 3/3/2017 to show cause why his ยง 2254 Petition should not be dismissed as time-barred. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
March 7, 2017
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ORDER that the Petitioner has showed sufficient cause to avoid the dismissal of his claim. The show-cause order is terminated. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
March 17, 2017
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MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus (Filing No. 1) AND Amended Petition (Filing No. 13) are dismissed with prejudice. No certificate of appealability shall issue. Ordered by Judge Robert F. Rossiter, Jr.. (GJG)
April 19, 2017
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ORDER that the Motion to Extend Time to File An Application for Certificate of Appealability and Brief in Support of the Application 44 is denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF)