Smith v. Frakes
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|Date Filed||#||Document Text|
|January 24, 2017
MEMORANDUM AND ORDER: Upon initial review of the Petition (Filing No. 1), the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. By March 10, 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: March 10, 2017: 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 following procedures must be followed by Respondent and Petitioner: By March 10, 2017, Respondent must file all state court records that are relevant to the cognizable claims. No later than 30 days after the relevant state court records are filed, Respondent must file an answer. No later than 30 days after Respondents brief is filed, Petitioner must file and serve a brief in response. No lat er than 30 days after Petitioners brief is filed, Respondent must file and serve a reply brief. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 10, 2017: check for Respon dent's answer and separate brief. No discovery shall be undertaken without leave of the court. Petitioner's Motion to Appoint Counsel (Filing No. 4) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)
|November 14, 2016
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. Petitioner's Motion to Appoint Counsel (Filing No. 4 ) is denied without prejudice to reassertion. 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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