Patterson v. Houston
| Frederick P. Patterson |
| Robert Houston |
| 4:2009cv03139 |
| July 6, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Lancaster |
| Joseph F. Bataillon |
| Pro Se Docket |
| None |
| 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
26
MEMORANDUM AND ORDER - Petitioner's Motion to Withdraw his Motion to Alter or Amend (filing no. 21 ) is granted. Petitioner's Motion to Alter or Amend Judgment (filing no. 19 ) is denied as moot. Respondent's Motion to Dismiss Petit ioner's Motion to Alter or Amend (filing no. 20 ) is denied as moot. Petitioner's Motion for Leave to Appeal In Forma Pauperis (filing no. 23 ) is granted. Petitioner's Motion for Certificate of Appealability (filing no. 24 ) is de nied 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 Chief Judge Joseph F. Bataillon. (Copies mailed as directed and mailed to pro se party)(TCL )
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Filing
17
MEMORANDUM AND ORDER - Patterson's Amended Petition for Writ of Habeas Corpus (filing no. 11 ) 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. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
12
MEMORANDUM AND ORDER - Upon initial review of the Amended Petition 11 , the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorand um and Order and the Petition to Respondents and the Nebraska Attorney General by regular first-class mail. By January 2, 2010, Respondent shall 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: January 2, 2010: 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 31, 2010: check for respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. ( Pro Se Case Management Deadline set for 1/2/2010 - deadline for Respondent to file state court records in support of answer or motion for summary judgment. ) Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed. )(JAE)
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Filing
10
MEMORANDUM AND ORDER - The pending Petition for Writ of Habeas Corpus 1 is deemed insufficient and the court will not act upon it. On or before September 29, 2009, Petitioner must submit a signed Amended Petition for Writ of Habeas Corpus. The Cl erk of the court is directed to send Petitioner a Form AO241 packet, Petition for Relief From a Conviction or Sentence By a Person in State Custody. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: September 29, 2009: deadline for Petitioner to submit Amended Petition. Ordered by Chief Judge Joseph F. Bataillon. (Form and copy mailed to pro se party) (JAE)
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Filing
9
MEMORANDUM AND ORDER that Petitioner's Motion to Appoint Counsel 4 is denied. Ordered by Chief Judge Joseph F. Bataillon. (copy mailed to pro se party)(CJP)
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Filing
8
MEMORANDUM AND ORDER that the Motion for Leave to Proceed in Forma Pauperis 2 is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (copy mailed to pro se party)(CJP)
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| Petitioner: Frederick P. Patterson | |
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| Respondent: Robert Houston | |
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