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16-170 - Rush v. Johnson


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16-170 - Rush v. Johnson
May 13, 2016
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MEMORANDUM AND ORDER that Petitioner shall file an Amended Petition for Writ of Habeas Corpus within 30 days of this order. If an amended petition is not filed, this case will be dismissed without further notice to Petitioner. The clerk of court is directed to set a pro se case management deadline with the following text: June 13, 2016: Check for amended petition. Petitioners Motion for Status (Filing No. 3) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
June 15, 2016
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MEMORANDUM AND ORDER that upon initial review of the Amended Petition (Filing No. 5), the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. By August 1, 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: August 1, 2016: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file a motion for summary judgment, the following procedures must be followed by Respondent and Petitioner. If Respondent elects to file an answer, the following procedures must befollowed by Respondent and Petitioner. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 31, 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 Richard G. Kopf. (Copy mailed to pro se party) (LAC)