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07-3434 - Russell v. Anderson


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07-3434 - Russell v. Anderson
May 28, 2008
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Memorandum Opinion and Order. On May 1, 2008, this Court entered a ruling directly that respondent obtain and "submit to this Court, under seal, the prosecution's file which had been ordered sealed on direct appeal, in order for this Court to conduct an in camera inspection to determine whether information exists in that file which is pertinent to claims for relief raised herein." Considering that almost a month has passed without that file being presented or respondents counsel providing any insight into when it might appear, it is obvious that the mistake this Court made was in not setting a terminal date for such production. This Court will now rectify that error. Respondent's counsel shall present the material in question no later than June 9, 2008, or, upon failure to do so, appear before this Court at 1:00 p.m. and explain that failure, with the possibility that this Court will impose sanctions if not satisfied with any proffered explanation. Signed by Magistrate Judge David S. Perelman on 5/28/08. (W,Jo) Modified text on 6/3/2008 (B,B).
August 8, 2008
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Report and Recommended Decision. It is recommended that the petition be dismissed without further proceedings. Objections to R&R due by 8/22/2008. Signed by Magistrate Judge David S. Perelman on 8/8/08. (W,Jo)
October 6, 2008
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Memorandum Opinion and Order Overruling Petitioner's Objection to Magistrate Judge's memorandum opinion and order withdrawing prosecutor's file from record re 24. Judge Dan Aaron Polster on 10/6/08. (P,R)
October 6, 2008
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Memorandum of Opinion and Order Overruling Petitioner's 23 Objections, Adopting 21 Report and Recommendation, and Denying Petition 1. Judge Dan Aaron Polster on 10/6/08. (P,R)