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OLSEN v. UNITED STATES
Assigned to: JUDGE JOHN A. WOODCOCK, JR
Referred to: MAG. JUDGE MARGARET J. KRAVCHUK
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa |
Date Filed: 03/08/2007
Date Terminated: 04/10/2007
Jury Demand: None
Nature of Suit: 530 Habeas Corpus (General)
Jurisdiction: U.S. Government Defendant |
Date Filed
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#
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Docket Text
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03/08/2007 |
1 |
PETITION for Writ of Habeas Corpus filed by CARL E. OLSEN.(jgw, ) (Entered: 03/13/2007) |
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03/19/2007 |
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NOTICE: Attorney MARGARET D. MCGAUGHEY for UNITED STATES added on docket for notice
purposes only, pending the filing of an answer or other response (jgw, ) (Entered:
03/19/2007) |
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03/19/2007 |
2 |
REPORT AND RECOMMENDED DECISION re
1 PETITION for Writ of Habeas Corpus filed by CARL E OLSEN.Objections to
R&R due by 4/5/2007. By Judge MARGARET J. KRAVCHUK. (CWP, ) (Entered: 03/19/2007) |
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03/19/2007 |
3 |
(Document sealed from public view) Margaret McGaughey, AUSA added this date per
Magistrate Judge Kravchuk, at her direction she was not initially noticed with the
filing of the 2241. (jgw, ) (Entered: 03/19/2007) |
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03/21/2007 |
4 |
Objection to Report and Recommended Decision re
2 Report and Recommended Decision. filed by CARL E OLSEN. (OLSEN, CARL)
Modified on 4/10/2007 to remove the United States as a filer of this objection (err,
). (Entered: 03/21/2007) |
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03/21/2007 |
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Set Deadlines as to
2 REPORT AND RECOMMENDED DECISION re
1 PETITION for Writ of Habeas Corpus filed by CARL E OLSEN : Response
to Objection to Report and Recommendations due by 4/9/2007.(jgw, ) (Entered: 03/22/2007) |
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04/10/2007 |
5 |
ORDER ON REPORT AND RECOMMENDED DECISION for
2 Report and Recommended Decision,
1 Petition for Writ of Habeas Corpus filed by CARL E OLSEN. By Judge
JOHN A. WOODCOCK JR. (MFS) (Entered: 04/10/2007) |
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04/10/2007 |
6 |
JUDGMENT of dismissal of Petition for Writ of Habeas Corpus For the Court: E. Richardson,
Deputy Clerk(err, ) (Entered: 04/10/2007) |
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04/21/2007 |
7 |
Pro Se MOTION for Certificate of Appealability by CARL E OLSEN.Responses due by
5/14/2007. (OLSEN, CARL) (Entered: 04/21/2007) |
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04/23/2007 |
8 |
ORDER denying
7 Motion for Certificate of Appealability By Judge JOHN A. WOODCOCK JR.
(jgw, ) (Entered: 04/23/2007) |
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06/02/2007 |
9 |
Pro Se NOTICE OF APPEAL by CARL E OLSEN. NOTICE TO COUNSEL: A Transcript Report/Order
Form, which can be downloaded from our web site at http://www.med.uscourts.gov/operations/forms/transcript%20order.pdf
MUST be completed and submitted to the Court of Appeals. (OLSEN, CARL)
(Entered: 06/02/2007) |
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06/02/2007 |
10 |
***Document filed in error*** DESIGNATION of Record on Appeal by CARL E OLSEN re
9 Notice of Appeal, (OLSEN, CARL) Modified on 6/6/2007 to indicate document
filed in error (err, ). (Entered: 06/02/2007) |
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06/06/2007 |
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NOTICE of Docket Entry Modification regarding 10 Designation of Record
on Appeal : Document filed in error. The Transcript Report is to be completed and
filed with the U. S. Court of Appeals for the First Circuit. (err, ) (Entered: 06/06/2007) |
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06/06/2007 |
11 |
APPEAL COVER SHEET Re: 9 Notice of Appeal, (err,
) (Entered: 06/06/2007) |
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06/06/2007 |
12 |
CLERK'S CERTIFICATE Re: 9 Notice of Appeal, filed
by CARL E OLSEN Documents Sent to U.S. Court of Appeals: 2, 5-6, 9, 11-12 (err,
) (Entered: 06/06/2007) |
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06/06/2007 |
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Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re
9 Notice of Appeal, (err, ) (Entered: 06/06/2007) |
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06/07/2007 |
13 |
MOTION for Leave to Proceed in forma pauperis on Appeal by CARL E OLSEN.
(Attachments: # (1) Sealed Affidavit in Support of Motion)(mlm) Redacted Version
(ss# and address) of Attachment 1 added on 6/8/2007 and unredacted version removed
(mlm). Modified on 6/11/2007 to seal Attached Affidavit per Order of 6/11/07 (mlm).
(Entered: 06/08/2007) |
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06/08/2007 |
14 |
Pro Se MOTION to Seal by CARL E OLSEN, UNITED STATES.Responses due by 6/29/2007.
(OLSEN, CARL) Modified on 6/11/2007 to unseal per Order of 6/11/07(mlm, ). (Entered:
06/08/2007) |
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06/11/2007 |
15 |
REPORT AND RECOMMENDED DECISION AND ORDER ON MOTION TO SEAL re
13 MOTION for Leave to Proceed in forma pauperis on Appeal filed
by CARL E OLSEN. Objections to R&R due by 6/28/2007. By Judge MARGARET J. KRAVCHUK.
(CWP, ) (Entered: 06/11/2007) |
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06/11/2007 |
16 |
ORDER granting in part
14 Motion to Seal. See PDDF Doc
15. By Judge MARGARET J. KRAVCHUK. (CWP, ) (Entered: 06/11/2007) |
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06/11/2007 |
17 |
FILED IN ERROR - Objection to Report and Recommended Decision re
15 Report and Recommended Decision. Objection to Recommended Decision
filed by CARL E OLSEN. (OLSEN, CARL) Modified on 6/13/2007 to indicate amended objection
filed as document 18(bld, ). Modified on 6/13/2007 to reflect corrected document
number as 18(bld, ). (Entered: 06/11/2007) |
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06/11/2007 |
18 |
Objection to Report and Recommended Decision re
15 Report and Recommended Decision. Corrected copy filed by CARL
E OLSEN. (OLSEN, CARL) (Entered: 06/11/2007) |
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06/13/2007 |
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NOTICE of Docket Entry Modification regarding
17 Objection to Report and Recommended Decision,
18 Objection to Report and Recommended Decision : to reflect that document
#18 is the corrected Objection to Report and Recommended Decision (bld, ) (Entered:
06/13/2007) |
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07/03/2007 |
19 |
ORDER ON REPORT AND RECOMMENDED DECISION for
13 Motion for Leave to Proceed in forma pauperis, filed by CARL E OLSEN,
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Report and Recommended Decision. By Judge JOHN A. WOODCOCK JR. (MFS) (Entered: 07/03/2007) |
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07/05/2007 |
20 |
CLERK'S First SUPPLEMENTAL CERTIFICATE Re:
9 Notice of Appeal, filed by CARL E OLSEN Documents Sent to U.S. Court of
Appeals: 13,15,18,19,20 (jgw, ) (Entered: 07/05/2007) |
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07/05/2007 |
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Supplemental Record on Appeal transmitted to US Court of Appeals re
9 Notice of Appeal, (jgw, ) (Entered: 07/05/2007) |
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08/24/2007 |
21 |
ORDER of USCA re: appeal fee as to
9 Notice of Appeal, filed by CARL E OLSEN (jgw, ) (Entered: 08/24/2007) |
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General Docket
United States Court of Appeals |
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Court of Appeals Docket #: 07-1883 |
Docketed: 06/08/2007
Termed: 04/09/2008 |
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Nature of Suit: 2510 Motions to Vacate Sentence |
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Olsen v. US |
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Appeal From: District Court of Maine, Bangor |
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Case Type Information: |
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1) civil |
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2) US a party civil case |
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3) motion to vacate |
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Originating Court Information: |
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District: 0100-1 : 07-00034 |
Lead: 07-00034 |
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Ordering Judge: John A. Woodcock, U.S. District Judge
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Trial Judge: Margaret J. Kravchuk, Magistrate Judge
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Date Filed: 03/08/2007 |
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Date Order/Judgment: |
Date NOA Filed: |
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04/10/2007 |
06/02/2007 |
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Panel Assignment: Not available
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CARL E. OLSEN
Petitioner - Appellant
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Carl E. Olsen
[LD NTC Pro Se]
130 East Aurora Avenue
Des Moines, IA 50313-3654 |
v.
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UNITED STATES
Respondent - Appellee
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Margaret D. McGaughey
Direct: 207.780.3257
Fax: 207.780.3304
[COR NTC Federal Government]
US Attorney's Office
100 Middle St.
Portland, ME 04101-0000
US |
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CARL E. OLSEN
Petitioner - Appellant
v.
UNITED STATES
Respondent - Appellee
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06/08/2007 |
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CIVIL CASE docketed. Opening forms sent.Notice of Appeal filed by Appellant Carl
E. Olsen. Record due 6/18/07. Fee due 6/22/07. [07-1883] |
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06/08/2007 |
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Abbreviated Record filed consisting of Docket Entries: 2,5,6,9,11,12 |
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06/08/2007 |
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PUBLIC NOTE: Notice filed by Appellant of status in District Court. [07-1883] |
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06/21/2007 |
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Transcript Report/Order Form filed by Appellant Carl E. Olsen. Transcript is not
necessary on appeal. [07-1883] |
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06/21/2007 |
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PUBLIC NOTE: Pro se notice of motion regarding ifp pending in District Court. [07-1883] |
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06/29/2007 |
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APPEARANCE filed by Margaret D. McGaughey for Appellee US. [1262703-1] [07-1883] |
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07/09/2007 |
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Request to proceed in forma pauperis on appeal filed by Appellant Carl E. Olsen
has been denied by the district court by order dated 7/3/07. [07-1883] |
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07/09/2007 |
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SUPPLEMENTAL RECORD consisting of documents 13,15,18-20 filed. Attachment to #13
located in safe. [1265044-1] [1265044-1] [07-1883] |
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07/11/2007 |
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MOTION filed by Appellant Carl E. Olsen to proceed in forma pauperis. Certificate
of service dated 7/9/07. [07-1883] |
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07/11/2007 |
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LIST of Exhibits in support of motion to proceed in forma pauperis [1266086-1] filed
by Appellant Carl E. Olsen. [1266087-1] [07-1883] |
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07/12/2007 |
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ORDER entered. Appellant's motion to proceed in forma pauperis ("IFP")
with Exhibit List is not a compliant request for in forma pauperis status before
this court. The appellant is directed to file a Form 4, Financial Affidavit which
conforms to Fed. R. App. P., Appendix of Forms, Form 4, by August 3, 2007. A copy
of Form 4 is enclosed to the appellant. If a fully completed Form 4 is not received
by August 3, 2007, the motion for leave to appeal in forma pauperis will be denied
and the appeal in default. A review of the Maine District Court Docket for No. 07-cv-00034
reflects that on July 3, 2007, the district court denied appellant's request for
in forma pauperis status. A compliant request for in forma pauperis status before
this court consists of a motion, and fully completed Form 4, Financial Affidavit.
Failure to pay the filing fees of $455.00 to the Clerk of the District Court of
Maine or to submit a compliant request for in forma pauperis status in the Court
of Appeals on or before August 3, 2007 may result in dismissal of this appeal for
lack of diligent prosecution in accordance with Local Rule 3(b). [07-1883] |
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07/24/2007 |
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Prose MOTION filed by Appellant Carl E. Olsen to proceed in forma pauperis with
affidavit in support, filed. [07-1883] |
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08/08/2007 |
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ORDER entered by Chief Judge Michael Boudin. The motion for leave to proceed in
forma pauperis is denied. |
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08/16/2007 |
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ORDER entered. This court has docketed petitioner's notice of appeal from the district
court's order affirming a magistrate judge's recommendation that petitioner's motion
for relief from judgment be dismissed. Although the petitioner filed his motion
pursuant to 28 U.S.C. � 2241, the district court construed the motion as brought
under 28 U.S.C. �2255. Accordingly, a certificate of appealability is required to
appeal the district court's ruling. 28 U.S.C. �2253; Greenwalt v. Stewart, 105 F.3d
1268, 1272 (9th Cir. 1997). The district court declined to issue a certificate of
appealability on April 23, 2007. We treat petitioner�s notice of appeal as a request
for a certificate of appealability from this court. Petitioner-appellant is ordered
to file a memorandum, by August 30, 2007, setting forth specific facts, reasons,
and issues supporting issuance of a certificate. See Local Rule 22.1; see also 28
U.S.C. �2253(c)(2) (in order for a certificate to be granted, applicant must make
substantial showing of the denial of a constitutional right). After August 30, 2007,
whether or not petitioner-appellant has filed a memorandum, the case will be submitted
to the court for a determination whether a certificate should issue. If a certificate
is denied, the appeal will be terminated. [07-1883] |
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08/17/2007 |
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MOTION filed by Appellant Carl E. Olsen to extend time to pay filing fee. Requesting
an additional 30 to 60 days. Certificate of service dated 8/14/07. [07-1883] |
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08/21/2007 |
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ORDER entered: Appellant's request to enlarge the time for paying the filing fees
of $455.00 to the Clerk of the District Court of Maine is granted. The time for
paying the fees is enlarged to September 20, 2007. This court cannot consider any
request for a certificate of appealability until appellant either pays the fee or
complies with Fed.R.App.P. 24. [07-1883] |
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08/23/2007 |
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MOTION filed by Appellant Carl E. Olsen to extend time to file Certificate of Appealability
until 9/24/07. Certificate of service dated 8/20/07. [07-1883] |
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08/23/2007 |
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ORDER. CAP Memo due 9/24/07. [07-1883] Appellant's request to enlarge the time for
filing a memorandum in support of a certificate of appealability is granted until
September 24, 2007. |
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08/28/2007 |
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PRO SE MOTION filed by Appellant Carl E. Olsen in 07-1883 requesting for judical
notice of change in the nature of suit on docket sheet. Certificate of service dated
8/24/07. [07-1883] |
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09/18/2007 |
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MOTION filed by Appellant Carl E. Olsen in 07-1883 for stay. [1289235-1] Certificate
of service dated 9/14/07. [07-1883] |
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09/19/2007 |
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ORDER entered. The motion to stay this appeal is denied. Appellant shall pay the
filing fee on or before September 28, 2007 or this appeal will be dismissed. [07-1883] |
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09/25/2007 |
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MOTION filed by Appellant Carl E. Olsen in 07-1883 to reconsider order dated 8/16/07
requiring that a certificate of appealability be filed before the district court.
Certificate of service dated 9/22/07. [07-1883] |
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09/25/2007 |
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MOTION filed by Appellant Carl E. Olsen in 07-1883 to extend time to pay fee. Certificate
of service dated 9/22/07. [07-1883] |
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11/01/2007 |
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MOTION filed by Appellant Carl E. Olsen in 07-1883 for indefinite extension of time
to pay fee. Certificate of service dated 10/29/07 . [07-1883] |
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11/08/2007 |
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MOTION filed by Appellant Carl E. Olsen in 07-1883 for Judicial Notice informing
the court that a motion for reconsideration was filed in the 8th circuit and granted.
Certificate of service dated 11/5/07 . [07-1883] |
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03/21/2008 |
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ORDER entered by Judge Sandra L. Lynch, Judge Kermit V. Lipez, and Judge Jeffrey
R. Howard. As appellant has disclaimed that he is seeking 2255 relief, appellant's
motion to reconsider this court's order of August 16, 2007 that required him to
file a memorandum in support of a certificate of appealability is granted. Appellant
shall pay the filing fee on or before March 31, 2008. Failure to pay the filing
fee on or before March 31, 2008 will result in dismissal of this appeal for lack
of prosecution. The clerk will set a briefing schedule after receipt of the filing
fee. |
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04/01/2008 |
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PRO SE MOTION filed by Appellant Carl E. Olsen notice that fee has been paid and
request to have it applied to this appeal. Certificate of service dated 03/26/2008.
[07-1883]
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04/09/2008 |
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JUDGMENT. 07-1883 Dismissed [07-1883]
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