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17-166 - Engstrom v. Frakes - FILE ALL PLEADINGS IN CASES 8:17CV166 and 8:17CV327


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17-166 - Engstrom v. Frakes - FILE ALL PLEADINGS IN CASES 8:17CV166 and 8:17CV327
May 18, 2017
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ORDER that 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 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) (LAC)
May 19, 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 July 3, 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: July 3, 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, thefollowing 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: August 2, 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)(LAC,)
September 7, 2017
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ORDER that since case number 8:17CV166 attacks two separate convictions in two separate courts, but only one petition was filed, the Clerk shall open a new case and file this order in the new civil case as well as in 8:17CV166. It is unnecessary to copy any of the filings from 8:17CV166 to the new case. The Court will take judicial notice of all such filings as of today's date for purposes of resolving the new case. All subsequent filings shall be placed in both cases. No separate filing fee shall be collected. The undersigned will consider the new case to have been filed on May 15, 2017, for purposes of the statute of limitations. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
September 8, 2017
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MEMORANDUM AND ORDER the petition for a writ of habeas corpus (filing no. 1) is denied and dismissed with prejudice. A separate judgment will be issued. However, no certificate of appealability will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)