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16-562 - Gardner v. State of Nebraska


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16-562 - Gardner v. State of Nebraska
December 28, 2016
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MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus1 filed by Anthony W. Gardner. 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 further notice. (***Pro Se Case Management Deadlines set for 1/27/2017: Check for MIFP orpayment.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with form AO240)(JAB)
December 28, 2016
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STRICKEN MEMORANDUM AND ORDER - 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 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 this matter with the following text: January 27, 2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with Form AO240) (KLF) Modified on 12/30/2016 to strike per Text Strike Order 6 (KLF).
January 25, 2017
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ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 7) 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 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)
March 21, 2017
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MEMORANDUM AND ORDER - 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. By May 5, 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: May 5, 2017: deadline for Respondent to file state court records in support of answer or motion for summary judgment. 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) (KLF)
June 23, 2017
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MEMORANDUM AND ORDER - 1. Respondent's Motion for Summary Judgment (Filing No. 12) is granted. 2. Petitioner's habeas petition is dismissed with prejudice because it is barred by the limitations period set forth in 28 U.S.C. ยง 2244(d). 3. The court will not issue a certificate of appealability in this matter. 4. The court will enter a separate judgment in accordance with this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)