Rayes v. Diane Sabatka-Rine et al
| Richard Rayes |
| Diane Sabatka-Rine, Michael Kenney, Nebraska Department of Correctional Services and Nebraska State Penitentiary |
| Nebraska Attorney General |
| 4:2014cv03158 |
| August 7, 2014 |
| 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
33
MEMORANDUM AND ORDER that the Petition for Writ of Habeas Corpus 1 is dismissed with prejudice. The Court has construed Rayes's "Motion for Summary Judgement [sic] of Habeas Corpus Motion" 31 as a brief filed in response to Respond ents' answer and brief. The clerk of the court is directed to term the motion event associated with the filing. The Court will enter a separate judgment in accordance with this Memorandum and Order. The Court will not issue a certificate of appealability. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
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Filing
27
MEMORANDUM AND ORDER - Respondents Motion to Dismiss (Filing No. 21 ) is denied. By April 27, 2015, Respondents must file a motion for summary judgment or state court records in support of an answer. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 4/27/2015: deadline for Respondents to file state court records in support o fanswer or motion for summary judgment). If Respondents elect to file an answer, the procedures set forth within the order must be followed by Respondents and Petitioner. The Clerk's Office is directed to set a pro se case management deadline in this case using the following text: May 27, 2015: check for Respondents' answer and separate brief. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
26
MEMORANDUM AND ORDER denying Petitioner's 24 Motion for Order for Production of Documents. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
14
MEMORANDUM AND ORDER - Claim One is not cognizable in an action for writ of habeas corpus. For the reasons discussed above, Claim One is dismissed with prejudice. Claim Two may not proceed in this matter at this time. Rayes must show cause within 30 days why Claim Two should not be dismissed as barred by the governing statute of limitations. Rayes is warned that failure to respond to this Memorandum and Order within 30 days will result in dismissal of Claim Two without further notice. Cl aim Three is potentially cognizable in federal court. The Clerk of the Court is directed to mail copies of this Memorandum and Order, the Petition for Writ of Habeas Corpus (Filing No. [1)], and the "Brief of Habeas Corpus" (Filing No . 9 ) to Respondents and the Nebraska Attorney General by regular first-class mail. By October 27, 2014, Respondents shall file a motion for summary judgment or state court records in support of an answer as to Claim Three. If Respondents elect to file a motion for summary judgment, the procedures set forth within this order shall be followed by Respondents and Petitioner. If Respondents elect to file an answer as to Claim Three, the procedures set forth within this order shall be followed b y Respondents and Petitioner. 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. Petitioner's Motion for the Appointment of Counsel (Filing No. 5 ) is denied. Petitioner's Motion for Production of Documents (Filing No. 8 ) is granted inpart and denied in part, as set forth above. Petitioner's Motion for Bail (Filing No. 7 ) and Motion for Hearing on Bond(Filing No. 12 ) a re denied. (Pro Se Case Management Deadline set for 10/13/2014: Check for response from the petitioner regarding Claim Two; Pro Se Case Management Deadline set for 10/27/2014: deadline for Respondents to file state court records in support of answer or motion for summary judgment; Pro Se Case Management Deadline set for 11/27/2014: check for Respondents to file answer and separate brief) Ordered by Chief Judge Laurie Smith Camp. (Copy mailed as directed)(MKR)
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Filing
11
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
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