Nesbitt v. Bakewell
| Thomas Edward Nesbitt |
| Dennis Bakewell |
| Nebraska Attorney General |
| 4:2010cv03099 |
| May 25, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| 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
42
MEMORANDUM AND ORDER - IT IS ORDERED that: Petitioner's Motion to Reopen Case (filing no. 41 ) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
27
MEMORANDUM AND ORDER - Petitioner shall have until October 20, 2010, to file a motion for Certificate of Appealability and brief in support. In the event that Petitioner fails to file a motion and brief, as set forth in this Memorandum and Order, th e court will deny the issuance of a Certificate of Appealability without further notice. The Clerk of the court is directed to set a pro se case management in this case with the following text: October 20, 2010: check for filing of motion for Certificate of Appealability. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
24
MEMORANDUM AND ORDER - Respondent's Motion to Dismiss (filing no. 16 ) is granted. Petitioner Thomas Edward Nesbitt's Petition for Writ of Habeas Corpus(filing no. 1 ) is dismissed without prejudice to the reassertion of a subsequent pet ition upon certification by the Eighth Circuit Court of Appeals. A separate judgment will be entered in accordance with this memorandum and order. All other pending Motions are denied as moot. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
20
MEMORANDUM AND ORDER - Petitioner shall have until September 6, 2010, to respond to the successiveness issue and establish that this court has jurisdiction over his Petition. Petitioner's Motion for Clarification and Reconsideration (filing no. 18 )and Motion for Emergency Stay (filing no. 19 ) are denied without prejudice to reassertion after Petitioner responds to the successiveness issue in accordance with this Memorandum and Order. Respondent's pending Motion to Substitute Party (filing no. 15 ) is granted. The Clerk of the court is directed to update the courts records in accordance with the Motion to Substitute Party. Robert Houston added. Dennis Bakewell terminated. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
9
MEMORANDUM AND ORDER that Petitioner's Motion to Appoint Counsel(filing no. 7 ) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
6
MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (filing no. 1 ), the court preliminarily determines that the following claims are potentially cognizable in federal court: Claims One through Five. The court decides that Claim Six is not cognizable in a federal court habeas action and is therefore dismissed. The Clerk of the court is directed to mail copies of this memorandum and order and the section 2254 petition to the respondent and the Nebraska Attorney General by r egular first-class mail. By August 9, 2010, the 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 fo llowing text: August 9, 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: September 8, 2010: check for respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Judge Richard G. Kopf. (Copies mailed as directed and to pro se party)(TCL )
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Filing
5
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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