Floyd v. Houston

Interested Party: Nebraska Attorney General
Respondent: Robert P. Houston
Petitioner: William C. Floyd, Jr.
 
Case Number: 8:2013cv00195
Filed: July 1, 2013
 
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Referring Judge: Pro Se Docket
 
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

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Date Filed#Document Text
January 27, 2014 22 Featured Case MEMORANDUM AND ORDER - Petitioner's Objections (filing nos. 14 and 19 ) and Motion for Default (filing no. 20 ) are denied in accordance with this Memorandum and Order. By February 21, 2014, Respondent shall show good cause or excusable neglect for his failure to comply with this courts orders. By February 21, 2014, Respondent shall file an answer and initial brief. Respondents failure to comply with this Memorandum and Order could result in sanctions, including the potential re lease of Petitioner. ( Pro Se Case Management Deadline set for 2/21/2014: check for Respondent's showing of good cause and excusable neglect, Respondent's answer, and Respondent's initial brief). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
February 26, 2014 33 Featured Case MEMORANDUM AND ORDER - Petitioner's Motion for Default Judgment (filing no. 26 ) is denied. Petitioner's Motion to Compel (filing no. 27 ) and Motion for Additional Documents (filing no. 30 ) are denied without prejudice to reassertion. Petitioner's Motions for Enlargement of Time (filing nos. 28 and 32 ) are granted. Petitioner shall have until April 7, 2014, to file a response to Respondent's Brief. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
March 25, 2014 40 Featured Case ORDER - Petitioner's Motion for Copies (filing no. 38 ), and Petitioner's Motion to Compel, which the court liberally construes as another Motion for Copies (filing no. 37 ), are denied. The clerk's office is directed to send Petitioner a copy of the docket sheet in this case. Petitioner's Motion to Appoint Counsel (filing no. 34 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
March 26, 2014 41 Featured Case MEMORANDUM AND ORDER - Petitioner's Objection (filing no. 35 ) is denied. Petitioner's Motion for Enlargement of Time (filing no. 39 ) is granted. Petitioner shall file his brief in response by May 7, 2014. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
March 26, 2014 42 Featured Case STRICKEN-MEMORANDUM AND ORDER - The court has been advised that the parties in the above-captioned matter have settled their claims. Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismiss al (or other dispositive stipulation) with the clerk of the court, together with submitting to the trial judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the l ike) may be dismissed without further notice. The clerk shall terminate the pretrial and trial settings for this case. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(MKR) Modified on 3/26/2014 to strike per order 43(MKR).
June 26, 2014 53 Featured Case MEMORANDUM AND ORDER- By July 10, 2014, Respondent shall show good cause or excusable neglect for his failure to once again comply with this court's orders. (See Memorandum and Order dated January 27, 2014, ordering Respondent to show good cau se or excusable neglect for failure to comply with courts orders.) Failure to do so may result in sanctions. Also by July 10, 2014, as previously ordered, Respondent shall file and serve a brief in response to Petitioners actual-innocence claim, w hich Petitioner raised in Filing Number 49 . As set forth in the court's Text Order dated May 28, 2014, no later than 60 days following the filing of Respondent's brief, Petitioner shall file and serve a reply brief that addresses the matters set forth by Respondent in his Brief dated March 3, 2014, and also the matters set forth in the brief Respondent will serve in response to Petitioners actual-innocence claim. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/10/2014: Deadline for Respondent to show good cause and filebrief.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
July 2, 2014 55 Featured Case MEMORANDUM AND ORDER- The Petitioner's 54 Objection to Memorandum and Order, is overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
July 16, 2013 5 Featured Case MEMORANDUM AND ORDER provisionally granting the 2 Motion for Leave to Proceed in forma pauperis. Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
July 16, 2013 6 Featured Case MEMORANDUM AND ORDER- Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that Petitioners claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. The Clerk of the court i s directed to mail copies of this Memorandum and Order and the Petition to Respondent and the Nebraska Attorney General by regular first-class mail. By August 29, 2013, Respondent shall file a motion for summary judgment or state court records in support of an answer. No later than 30 days after the filing of Petitioners brief, Respondent shall 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: Se ptember 29, 2013: check for Respondent to file answer and separate brief. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/29/2013: deadline for Respondent to file state court records in supportof answer or motion for summary judgment) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)

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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: Robert P. Houston
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Petitioner: William C. Floyd, Jr.
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