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17-390 - Gardner v. State of Nebraska


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17-390 - Gardner v. State of Nebraska
October 18, 2017
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MEMORANDUM AND ORDER that 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: November 17, 2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
December 5, 2017
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MEMORANDUM AND ORDER that the Petition for Writ of Habeas Corpus (Filing No. 1) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 2, 2018
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MEMORANDUM AND ORDER that the motion for reconsideration (filing no. 8) and motion to extend (filing no. 9) are denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
May 11, 2018
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MEMORANDUM AND ORDER that the court's prior Memorandum and Order (filing no. 10) dated April 2, 2018, is vacated, in part, to the extent it denied Petitioner's motion to extend. The court now finds that Petitioners motion to extend the time to file a notice of appeal (filing no. 9) should be granted and his Notice of Appeal (filing no. 12) is deemed timely. The court certifies that the appeal is not taken in good faith, and the court will not act on Petitioner's notice of appeal. (Filing No. 12) The clerk of court is directed to send a copy of Petitioner's notice of appeal and a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)