Kislyak v. York County Sherriff's/Jail Departments
| Pavel Kislyak |
| York County Sherriff's/Jail Departments |
| Nebraska Attorney General |
| 4:2011cv03133 |
| August 4, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Laurie Smith Camp |
| Pro Se Docket |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
28
MEMORANDUM AND ORDER - Respondents' Motion for Summary Judgment (Filing No. 20 ) is granted. Petitioner Pavel Kislyak's Amended Petition for Writ of Habeas Corpus (Filing No. 10 ) is dismissed with prejudice to the extent that Petition er challenges the District Court's October 6, 2011, order and is otherwise dismissed without prejudice. All other pending Motions are denied as moot. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
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Filing
14
MEMORANDUM AND ORDER - Upon initial review of the Amended Petition (Filing Nos. 10 and 12 ), the court preliminarily decides that Claim One is potentially cognizable in federal court. The court decides that Claim Two is not a cognizable habeas co rpus claim. Claim Two is dismissed without prejudice to the subsequent filing of an action pursuant to 42 U.S.C. § 1983. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Amended Petition (Filing Nos. 10 a nd 12 ) to Respondents and the Nebraska Attorney General by regular first-class mail. By December 19, 2011, Respondent shall file a motion for summary judgment or state court records in support of an answer. The Clerk of the court is directed to se t a pro se case management deadline in this case using the following text: December 19, 2011: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the proced ures as set out in this Memorandum and Order shall 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: January 19, 2012: check for Respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party and as directed)(GJG)
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Filing
8
MEMORANDUM AND ORDER - The pending Petition for Writ of Habeas Corpus (Filing No. 1 ) is deemed insufficient and the court will not act upon it. On or before October 29, 2011, Petitioner must submit a signed Amended Petition for Writ of Habeas Corpu s. In the Amended Petition, Petitioner must specify the grounds for relief, the facts supporting each ground, and the relief requested. Failure to comply with this order may result in dismissal of the Petition without further notice. The Clerk of the court is directed to send Petitioner a Form AO 241 packet, Petition for Relief From a Conviction or Sentence By a Person in State Custody. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: October 29, 2011: deadline for Petitioner to submit Amended Petition. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party along with form as directed)(GJG)
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Filing
7
ORDER - The Motion for Leave to Proceed in Forma Pauperis (Filing No. 4 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (AOA)
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Filing
3
MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defect in the Petition on or before September 16, 2011. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further noti ce. The Clerk of the Court 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 case with the following text: September 16, 2011: deadline to submit IFP application or pay $5.00 filing fee. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party along with form)(GJG)
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