Red Kettle v. State of Nebraska

Petitioner: Byron K. Red Kettle
Interested Party: Nebraska Attorney General
Respondent: State of Nebraska
 
Case Number: 8:2013cv00171
Filed: June 3, 2013
 
Court: Nebraska District Court
Office: 8 Omaha Office
Referring Judge: Pro Se Docket
Presiding Judge: Lyle E. Strom
 
Nature of Suit: Habeas Corpus: General
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
August 1, 2013 10 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner's Motion to Amend Pleadings (Filing No. 9 ) is granted. The Court will consider Filing Number 9 as supplemental to the Petition for Writ of Habeas Corpus in accordance with NECivR 15.1(b). Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (AOA)
August 26, 2013 12 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner's Motion to Amend Pleadings (Filing No. 11 ) is granted. The Court will consider Filing No. 11 as supplemental to the Petition for Writ of Habeas Corpus in accordance with NECivR 15.1(b). The clerk's offi ce is directed to update the Courts records to reflect that the only respondent in this matter is "Robert P. Houston, Director, Nebraska Department of Correctional Services." Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG, )
September 24, 2013 13 Opinion or Order of the Court MEMORANDUM AND ORDER - Red Kettle will have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that presents cognizable claims for relief. Failure to file an amended petition for writ of habeas corpus will result in dismissal of this matter without further notice. The clerk's office is directed to set a pro se case management deadline in this case using the following text: October 21, 2013: deadline for Red Kettle to file an amende d petition for writ of habeas corpus. The clerk's office is directed to send to Red Kettle the Form AO 241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with form as directed)(GJG)
January 14, 2014 24 Opinion or Order of the Court MEMORANDUM AND ORDER - Upon initial review of the amended habeas corpus petition (Filing No. 18 ), the Court preliminarily determines that petitioners claims, as set forth in this memorandum and order, are potentially cognizable in federal court. T he clerk of the court is directed to mail copies of this memorandum and order and the amended section 2254 petition to respondent and the Nebraska Attorney General by regular first-class mail. The clerk of the court is directed to set a pro se ca se management deadline in this case using the following text: February 24, 2014: deadline for respondent to file state court records in support of answer or motion for summary judgment. The clerk of the court is directed to set a pro se case manag ement deadline in this case using the following text: March 24, 2014: check for respondent to file answer and separate brief. Petitioner's Motion for Appointment of Counsel (Filing No. 20 ) is denied. Petitioner's Motions for "Production of Evidence" and "In Camera Inspection" (Filing Nos. 21 and 22 ) are denied.Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed)(GJG)
April 18, 2014 40 Opinion or Order of the Court MEMORANDUM OPINION - In this case, Red Kettle has failed to make a substantial showing of the denial of a constitutional right. The Court is not persuaded that the issues raised in the petition are debatable among reasonable jurists, that a court cou ld resolve the issues differently, or that the issues deserve further proceedings. Accordingly, the Court will not issue a certificate of appealability in this case. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
May 2, 2014 45 Opinion or Order of the Court ORDER - Petitioner's Motion for Reconsideration (Filing No. 43 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
May 15, 2014 47 Opinion or Order of the Court ORDER - Petitioner's Motion for Extension of Time (Filing No. 46 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
June 20, 2013 7 Opinion or Order of the Court MEMORANDUM AND ORDER - The application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee by August 12, 2013. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: August 12, 2013: deadline for payment of $5.00 filing fee.Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

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Petitioner: Byron K. Red Kettle
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: State of Nebraska
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