Chuol v. State of Nebraska
| Gamar G. Chuol |
| State of Nebraska |
| 8:2015cv00111 |
| April 8, 2015 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| 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
35
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 34 ) is granted. Petitioner's Motion for Certificate of Appealability (Filing No. 32 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. The clerk's office is directed to provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and provided as directed)(GJG)
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Filing
29
MEMORANDUM AND ORDER - 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 Motion for Additional Documents (Filing No. 24 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
12
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Chuol's Motions to Stay (Filing No. 7 ) and to Amend (Filing No. 8 ) are denied without prejudice to reassertion. Upon initial review of the amended habeas corpus petition (Filing No. 6-1 ), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in federal court. The clerk of the court is directed to mail copies of this Memorandum and Order and the amended habeas corpus petition to Respondent and the Nebraska Attorney General by regular first-class mail. By December 22, 2015, Respondent must file a motion for summary judgment or state court records in support of an answer. The clerk of t he court is directed to set a pro se case management deadline in this case using the following text: December 22, 2015: 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 management deadline in this case using the following text: January 20, 2016: check for Respondents answer and separate brief. 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. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL)
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Filing
4
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Chuol must voluntarily withdraw his habeas corpus petition within 30 days if he does not want this action to proceed as one brought pursuant to 28 U.S.C. § 2254. If Chuol fails to respond t o this order, the court will construe Chuol's petition as one filed pursuant to 28 U.S.C. § 2254. To the extent Chuol would like to raise any additional claims in this action, he must do so by filing an amended petition for writ of habea s corpus. Chuol must set forth all of his claims in an amended petition for writ of habeas corpus, even those identified in his original petition. To this end, the clerk of the court is directed to send to Chuol the AO 241 (Petition for Relief Fro m a Conviction or Sentence By a Person in State Custody). Any amended petition must be filed by Chuol within 30 days. To avoid confusion, any document Chuol sends to the clerk of the court for filing in this case must clearly display the case numb er. The clerk of the court is directed to set the following pro se case management deadline: August 21, 2015: check for request to withdraw; otherwise, direct clerk to update records to reflect this is a 2254 action. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with AO 241 Form)(TCL)
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Filing
3
MEMORANDUM AND ORDER : Petitioner is directed to submit the $5.00 fee to the clerk's office or submit a request to proceed in forma pauperis within 30 days. The clerk of the court is directed to send to Petitioner the Form AO240 ("Ap plication to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: May 11, 2015: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with form as directed)(ADB, )
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| Petitioner: Gamar G. Chuol | |
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| Respondent: State of Nebraska | |
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