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18-131 - Buttercase v. Frakes


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18-131 - Buttercase v. Frakes
March 29, 2018
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MEMORANDUM AND 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: April 30, 2018: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 6, 2018
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MEMORANDUM AND ORDER - that Petitioner's Motion for Leave to Proceed IFP (filing no. 6) is denied as moot. 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 and will address Petitioners other pending motions at that time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
August 14, 2018
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MEMORANDUM AND ORDER - that Petitioner shall clarify his petition by filing in the court file a document that is no longer than three pages stating (1) the total number of claims and (2) the page of the petition where each such claim begins. The clarification shall not contain any argument or recitation of the facts. The clarification shall be filed1 on or before the close of business (5:00 p.m.) on Monday, September 17, 2018. Failure to provide the clarificationwithin the time specified may result in the dismissal without prejudice of the petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
September 18, 2018
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ORDER that Petitioner's Motion to Appoint Counsel (filing no. 3) and Motions to Stay (filing nos. 8 and 16) are denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (CS)
September 18, 2018
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MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing Nos. 1 and 14), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in federal court. By November 19, 2018, 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 19, 2018: deadline for Respondent to file state court records in support of answer or motion for summary judgment. 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. (Pro Se Case Management Deadline set for 11/19/2018 - check for Respondent's answer and separate brief.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CS)