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16-494 - Shadle v. Frakes


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16-494 - Shadle v. Frakes
November 2, 2016
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MEMORANDUM AND ORDER that 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 is matter with the following text: December 2, 2016: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(LAC, )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 th
February 14, 2017
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MEMORANDUM AND ORDER that upon initial review of the habeas corpus petition (Filing No. 1), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, 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 31, 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 31, 2017: 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 be followed 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: April 30, 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)(LAC)
April 26, 2017
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MEMORANDUM AND ORDER that Petitioner's motion (Filing No. 15) is granted in part, and denied in part. Petitioner's request for additional documents is denied. However, the court will grant Petitioner an extension of time to file a brief in response to Respondent's summary judgment motion. Petitioner must file his brief no later than May 10, 2017. Respondent shall file a reply brief or notice of case submission no later than thirty days thereafter. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
May 19, 2017
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MEMORANDUM AND ORDER that the Petitioner's motion for extension (Filing No. 17) is granted. Petitioner, as requested, shall file his brief and additional documents no later than May 31, 2017. Respondent shall file his reply brief or notice no later than thirty days thereafter. The clerk's office is directed to set a pro se case management deadline using the following language: May 31, 2017: check for Petitioner's brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
July 20, 2017
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MEMORANDUM AND ORDER that Respondent's Motion for Summary Judgment (Filing No. 11) is granted. Petitioner's habeas petition is dismissed with prejudice because his claims are procedurally defaulted. Petitioner's motion to appoint counsel (Filing No. 19) and motion to proceed in forma pauperis (Filing No. 20) are denied as moot. The court will not issue a certificate of appealability in this matter. The court will enter a separate judgment in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)