Hernandez v. Houston
Victor Hernandez |
Robert Houston |
4:2009cv03022 |
February 4, 2009 |
US District Court for the District of Nebraska |
Habeas Corpus (General) Office |
Johnson |
Pro Se Docket |
Laurie Smith Camp |
None |
Federal Question |
28:2254 Petition for Writ of Habeas Corpus (State) |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 42 MEMORANDUM AND ORDER - On the court's own motion, Petitioner is granted leave to appeal in forma pauperis. Petitioner's Request for Certificate of Appealability (Filing No. 39 ) is denied without prejudice to reassertion before the Eighth Circuit. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party and sent electronically to the Eighth Circuit)(GJG) |
Filing 38 MEMORANDUM AND ORDER - Petitioner's Motion to Alter or Amend Judgment (Filing No. 31 ) is denied; and Petitioner's Motion for Extension of Time to File Notice of Appeal (Filing No. 33 ) is denied as moot. In accordance with Federal Rule of Appellate Procedure 4, any notice of appeal shall be filed 30 days from the date of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB) |
Filing 29 MEMORANDUM AND ORDER - Petitioner Victor Hernandez's Petition for Writ of Habeas Corpus (Filing No. 1 ) is denied in all respects and this action is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Petitioner's Motion to Amend Petition (Filing No. 27 ) is denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL ) |
Filing 24 ORDER - Petitioner's Motion for Continuance 18 is denied as moot. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ) |
Filing 19 MEMORANDUM AND ORDER denying 9 Motion to Stay. Respondent has filed an Answer and Brief in support. No later than October 2, 2009, Petitioner shall file and serve a brief in response. Petitioner shall submit no other documents unless directed to d o so by the court; No later than 30 days after the filing of Petitioners brief, Respondent shall file and serve a reply brief. In the event that Respondent elects not to file a reply brief, he should inform the court by filing a notice stating that h e will not file a reply brief and that the merits of the petition are therefore fully submitted for decision; and The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 2, 2009: check for Petitioners brief in response to answer and brief. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, ) |
Filing 8 MEMORANDUM AND ORDER upon initial review of Petition for Writ of Habeas Corpus 1 filed by Victor Hernandez the Motion for Appointment of Counsel (Filing No. 1 at CM/ECF p. 11) is denied without prejudice to reassertion; The Clerk of the court is di rected to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus (Filing No. 1) to Respondent and the Nebraska Attorney General by regular first-class mail; By April 13, 2009, Respondent shall file a motion for summary ju dgment or an answer. The Clerk of the court is directed to set a pro se case management deadline for April 13, 2009; No discovery shall be undertaken without leave of the court. ***Pro Se Case Management Deadlines: (Pro Se Case Management Deadline set for 4/13/2009:deadline for Respondent to file answer or motion for summary judgment.) Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(copies to Respondent and NE Attorney General as directed)(ADB, ) |
Filing 7 ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, ) |
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Petitioner: Victor Hernandez | |
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Respondent: Robert Houston | |
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