Red Kettle v. Scott Frakes
| Byron K. Red Kettle |
| State of Nebraska |
| Nebraska Attorney General |
| 8:2013cv00171 |
| June 3, 2013 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Lyle E. Strom |
| 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
132
MEMORANDUM AND ORDER - Petitioner's motion for DNA testing (Filing No. 130 ) is denied. His corresponding motion to appoint counsel (Filing No. 131 ) is also denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
129
MEMORANDUM AND ORDER - Petitioner's Motion for Recognizance (Filing No. 128 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
127
MEMORANDUM AND ORDER that the Petitioner's Motion for Reconsideration (Filing No. 126 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
125
MEMORANDUM AND ORDER - Petitioner's Motion for Relief from Judgment and Motion to Alter or Amend Judgment (Filing No. 122 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
119
MEMORANDUM AND ORDER that this matter is dismissed with prejudice, and a separate judgment will be entered in accordance with this Memorandum and Order. The court will not issue a certificate of appealability in this matter. Petitioner's Mot ion to Amend Petition (Filing No. 103 ) is denied. Petitioner's Motion for Leave of Court (Filing No. 104 ) is denied as moot. Petitioner's Objection and Summary Judgment (Filing No. 106 ) is denied as moot. Petitioner's Object ion and Summary Judgment (Filing No. 106 ) is denied as moot. Petitioner's Request for Records (Filing No. 108 ) is denied as moot. Petitioner's Motion for Evidentiary Hearing (Filing No. 109 ) is denied as moot. Petitioner's Motion for Order of Recognizance (Filing No. 113 ) is denied as moot. Petitioner's Motion for Judicial Notice (Filing No. 114 ) is denied as moot. Petitioner's Motion for Notice (Filing No. 115 ) is denied as moot. Petitioner's Mo tion to Strike (Filing No. 116 ) is denied as moot. Petitioner's Supplemental Pleading for Recognizance (Filing No. 117 ) is denied as moot. Petitioner's Supplemental Pleading and Notice (Filing No. 118 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
95
ORDER - By April 11, 2016, 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: April 11, 2016: 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 procedures must be followed by Respondent and Petitioner. The clerk of the court is dire cted to set a pro se case management deadline in this case using the following text: May 9, 2016: check for Respondent's answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
90
ORDER that petitioner's Motion to Appoint Counsel (Filing No. 89 ) is denied without prejudice to reassertion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(LAC)
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Filing
83
ORDER - Red Kettle's request to incorporate his previous filings into his amended petition (Filing No. 81 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
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Filing
78
ORDER - Red Kettle's Motion (Filing No. 61 ) brought pursuant to Rule 60(b)(6) and Motion to Amend Petition (Filing No. 72 ), and respondent's Motion for a Progression Order (Filing No. 67 ), are granted to the extent the relief they sought is consistent with the relief provided in this order. Red Kettle's Motion for Appointment of Counsel (Filing No. 65 ) and Motion for Hearing (Filing No. 75 ) are denied. Red Kettle must file an amended petition for writ of habe as corpus within 30 days that incorporates all of his claims for relief. Failure to file an amended petition for writ of habeas corpus could result in the court dismissing this action without prejudice and without further notice. Any document Red Kettle submits to the clerk of the court for filing in this case must clearly display the case number. The clerk of the court is directed to: (a) reopen this case, (b) send to Red Kettle a blank AO Form 241 ("Petition for Relief From a Conv iction or Sentence By a Person in State Custody"), and (c) set the following pro se case management deadline in this case: November 23, 2015: check for Red Kettle's amended petition for writ of habeas corpus. Red Kettle is ordered not to file any other document seeking to amend his claims aside from the one contemplated above without first obtaining leave from the court to do so. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with form)(GJG)
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Filing
68
MEMORANDUM AND ORDER - Red Kettle's Motion for Copies (Filing No. 60 ) is denied. Red Kettle's Motion for Discovery (Filing No. 62 ), Motion to Expand the Record (Filing No. 63 ), and Motion for Enlargement of Custody (Filing No. [6 4]) are denied as premature. This case remains closed and will remain closed until after the court issues a ruling on Red Kettle's Motion for Relief From Judgment (Filing No. 61 ). To the extent Red Kettle seeks release from custody at t his time, his request is denied. Red Kettles Motion for Relief From Judgment (Filing No. 61 ) remains pending, and respondent must file any opposition to the motion within 14 days. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
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Filing
54
MEMORANDUM AND ORDER - Red Kettle's "MOTION TO CONSOLIDATE and/or INCORPERATE" (Filing No. 53 ) is denied. To the extent Red Kettle seeks relief from the Court's judgment in this matter, he must file a motion for relief from ju dgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure within the next 30 days. The clerk of the court is directed to set the following pro se case management deadline: June 8, 2015: Rule 60(b)(6) motion to be filed by this date. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
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Filing
50
MEMORANDUM AND ORDER - Petitioner's Motion for the Appointment of Counsel (Filing No. 48 ) and Motion for Hearing (Filing No. 49 ) are denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
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Filing
47
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)
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Filing
45
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)
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Filing
40
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)
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Filing
24
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)
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Filing
13
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)
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Filing
12
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, )
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Filing
10
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)
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Filing
7
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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