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17-259 - Magallanes v. Madsen


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17-259 - Magallanes v. Madsen
July 25, 2017
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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: August 24, 2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with AO240 form) (KLF)
August 15, 2017
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ORDER - Petitioner's request to proceed IFP (Filing No. 4) is denied. Petitioner must pay the $5.00 filing fee within 30 days. Petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 15, 2017: deadline for Petitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 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 November 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: November 3, 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: December 4, 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. Petitioner's Motion to Appoint Counsel (Filing No. 6) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
February 21, 2018
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ORDER - To the extent that Petitioner's Motion for Reconsideration (filing no. 20) concerns his request for the appointment of counsel, the motion is denied. The Petitioner's Motion to Produce Records (filing no. 21, part 1) is denied, because Petitioner has not shown a need for the additional records. The Petitioner's Motion for Extension of Time (filing no. 21, part 2) is granted. Petitioner is given until April 9, 2018, to file a brief. Respondent is then given until May 9, 2018, to file a reply brief or to state that he will not file a reply brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
May 15, 2018
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MEMORANDUM AND ORDER - that the habeas corpus petition (filing no. 1) is denied and dismissed with prejudice. No certificate of appealability has been or will be issued. Judgment will be issued by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)