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17-008 - Livingston v. Frakes


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17-008 - Livingston v. Frakes
January 24, 2017
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ORDER granting the Petitioner's 2 Motion for Leave to Proceed in forma pauperis. 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)(MKR)
January 26, 2017
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MEMORANDUM AND ORDER - Upon initial review of the Petition (Filing No. 1), the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. By March 13, 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 13, 2017: deadline for Respondent to file state court records in support of answer or motion for summary judgment. 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 11, 2017: check for Respondents 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)(GJG)
March 14, 2017
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ORDER - The motion to substitute respondent (filing no. 9) is granted. Henceforth, the style of the case shall be indicated as set forth above. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
May 9, 2017
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MEMORANDUM AND ORDER - The motion for summary judgment (filing no. 10) is granted, the petition (filing no. 1) is dismissed with prejudice, no certificate of appealability has been or will be issued, and a separate judgment will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)