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16-442 - Harris v. Gage


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16-442 - Harris v. Gage
November 30, 2016
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the Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2) is granted. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of
February 10, 2017
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MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing No. 1) and supplemental petition (Filing No. 5), the court preliminarily determines that Claims One, Two, Four, Five, Six, and Eight, as they are set forth in this Memorandum and Order, are potentially cognizable in federal court. Claims Three and Seven are not cognizable and they are dismissed. 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 26, 2017, 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 26, 2017: 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 25, 2017: 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 and as directed) (KLF)
February 22, 2017
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MEMORANDUM AND ORDER - Petitioner's objection (Filing No. 11) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
March 10, 2017
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MEMORANDUM AND ORDER - Petitioner's "Motion for Leave to Amend" (Filing No. 16) is granted. Petitioner shall file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief by May 9, 2017. Petitioner is warned that the amended petition will supersede, not supplement, his initial habeas petition. Failure to file an amended petition within the time set by the court will result in dismissal of this matter without further notice to Petitioner. Following the filing of the amended petition, the court will enter a new order progressing this matter to disposition. Petitioner's "Motion for Appointment of Counsel" (Filing No. 15) is denied without prejudice to reassertion. The clerk's office is directed to set the following case management deadline: May 9, 2017: check for Amended Petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
April 17, 2017
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MEMORANDUM AND ORDER - Petitioner's "Second Motion for Leave to Amend" (Filing No. 18) is denied. Petitioner shall file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief by May 9, 2017. Petitioner is warned that the amended petition will supersede, not supplement, his initial habeas petition. This means that failure to include any claims in the amended petition from his initial habeas petition will be deemed abandoned. Failure to file an amended petition within the time set by the court will result in dismissal of this matter without further notice to Petitioner. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)