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17-278 - Smith v. Britten


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17-278 - Smith v. Britten
August 1, 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 31, 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 28, 2017
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ORDER - that Petitioner's Motion and Affidavit For Leave To Proceed In Forma Pauperis (filing no. 4) is denied as moot. The Court will not refund the fee previously paid. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 31, 2017
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No discovery shall be undertaken without leave of the court. See Rule 6 ofthe 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) Modified on 3/27/2018 (LKO).*STRICKEN* MEMORANDUM AND ORDER that upon initial review of the Petition (Filing No. 1), the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. By October 16, 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: October 16, 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: November 14, 2017: check for Respondent's answer and separate brief.
December 7, 2017
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STRICKEN - ORDER that Petitioner shall file his brief in opposition to Respondent's Answer no later than January 8, 2018; Respondent shall have 30 days after the timely filing of Petitioner's brief to submit a reply; Petitioner's Motion for Clarification (filing no. 14) is otherwise denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to petitioner) (CCB) Modified on 12/7/2017 to strike order per strike order 16 (CCB).
December 7, 2017
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ORDER that Petitioner shall file his brief in opposition to Respondent's Answer no later than January 8, 2018; Respondent shall have 30 days after the timely filing of Petitioner's brief to submit a reply; Petitioner's Motion for Clarification (filing no. 14) is otherwise denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to petitioner) (CCB)
January 4, 2018
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MEMORANDUM AND ORDER - The Clerk shall copy and provide, at no cost, Petitioner with the following three documents: (a) Petition for Further Review (filing no. 8-6 at CM/ECF pp. 1-5); (b) Petitioner's pro se motion for "Emergence Investigation" (filing no. 8-8 at CM/ECF pp. 94-98); and (c) Motion for New Trial filed by counsel (filing no. 8-8 CM/ECF pp. 108-109). The Motion for Respondent to Produce Documents (filing no. 18) is granted in part and denied in part as provided herein. The Petitioner shall file his responsive brief no later than the close of business on February 5, 2018. No further extensions of time will be granted. The Respondent may file a reply brief no later than March 5, 2018. In the event that Respondent elects not to file a reply brief, counsel should inform the court by filing a notice stating that counsel will not file a reply brief and that the merits of the petition are therefore fully submitted for decision. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to pro se party as directed) (KLF)
January 5, 2018
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ORDER denying as moot 20 Motion to Extend Time 20. See filing no. 19. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se petitioner)(CCB)
March 27, 2018
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MEMORANDUM AND ORDER - Respondent's motion to strike (filing no. 23) is granted. Smith's habeas corpus petition (filing no. 1) is denied and dismissedwith prejudice. No certificate of appealability has been or will be issued. A separate judgment will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party). (LKO)