Banks v. Bakewell et al
| Antonio Banks |
| Robert Bakewell and State of Nebraska |
| Nebraska Attorney General |
| 4:2010cv03162 |
| August 20, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| 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
71
ORDER - Plaintiff's motion for leave to proceed in forma pauperis on appeal 70 is granted. The clerk of the court shall process the appeal and shall provide the Court of Appeals with a copy of this order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)
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Filing
67
MEMORANDUM OPINION - Banks has failed to make a substantial showing of the denial of a constitutional right. The Court is not persuaded that the issues raised in Banks' petition are debatable among reasonable jurists, that a court could resolve the issues differently, or that the issues deserve further proceedings. Accordingly, a certificate of appealability will be not issued in this case. A separate order will be entered herein in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)
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Filing
55
MEMORANDUM AND ORDER - IT IS ORDERED that: By November 30, 2015, Respondent must file a motion for summary judgment or state court records in support of an answer. The clerk's office is directed to set a pro se case management deadline in thi s case using the following text: November 30, 2015: deadline for Respondent to file state court records in support of answer or motion for summary judgment. The clerk's office is directed to set a pro se case management deadline in this case u sing the following text: December 29, 2015: check for Respondent's 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. (Copy mailed to pro se party)(TCL )
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Filing
49
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner must file an amended petition for writ of habeas corpus within 30 days. The clerk's office is directed to set a pro se case management deadline in this matter: May 1, 2015: deadline for Petitioner to file amended petition. - Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
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Filing
43
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner is directed to file a status report in this matter within 14 days of this Memorandum and Order. The status report must advise the court of the status of Petitioner's pursuit of s tate-court remedies. Failure to comply with this directive could result in dismissal of this matter without further notice to Petitioner. The clerk's office is directed to set a pro se case management deadline in this case using the following text: December 19, 2014: deadline for Petitioner to file status report regarding state-court action. In addition, the clerk's office is directed to set a pro se case management deadline in this case using the following text: June 15, 2015: Check on status of Petitioner's case. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
38
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner is directed to file a status report in this matter within 14 days of this Memorandum and Order. The status report must advise the court of the status of Petitioner's pursuit of state-court remedies. The clerk's office is directed to set a pro se case management deadline in this case using the following text: June 27, 2014: deadline for Petitioner to file status report regarding state-court action. In addition, the clerk's office is directed to set a pro se case management deadline in this case using the following text: September 15, 2014: Check on status of Petitioner's case. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
36
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: This matter remains stayed pending Petitioner's pursuit of his state-court remedies. Petitioner must file another status report advising the court of the status of the separate action in sta te court no later than October 23, 2013. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 23, 2013: deadline for Petitioner to file written status report regarding state-court action. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
34
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: This matter remains stayed pending Petitioner's pursuit of his state-court remedies. Petitioner must file another status report advising the court of the status of the separate action in st ate court no later than April 1, 2013. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 1, 2013: deadline for Petitioner to file written status report regarding state-court action. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
32
MEMORANDUM AND ORDER - This matter remains stayed pending Petitioner's pursuit of his state-court remedies. Petitioner must file another status report advising the court of the status of theseparate action in state court no later than July 18, 2012. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 18, 2012: deadline for Petitioner to file written status report regarding state-court action. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
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Filing
30
MEMORANDUM AND ORDER - Petitioner must pursue his state-court remedies. This court cannot file documents in state court on Petitioner's behalf. Petitioner shall have until December 2, 2011, in which to pursue state court remedies. In the event t hat Petitioner fails to pursue state court remedies by December 2, 2011, the court will lift the stay and rule on the merits of the Petition (filing no. 1 ) without further notice. Petitioner must file another status report advising the court whethe r Petitioner has pursued state court remedies no later than December 2, 2011. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 2, 2011: deadline for Petitioner to pursue exhaustion of Claim Two in state court and to file written status report.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
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Filing
27
MEMORANDUM AND ORDER granting 26 Motion for a Stay and Abeyance. Petitioner must pursue state court remedies no later than October 31, 2011, and he must return to federal court within 60 days of the date his state court exhaustion is completed. Sho uld Petitioner fail to pursue state court remedies by October 31, 2011, the court will lift the stay and rule on the merits of the Petition (filing no. 1) without further notice. The parties must file written status reports no later than October 31, 2011, advising the court whether Petitioner has pursued state court remedies. The Clerk of the court is directed to return to Respondents the State Court Records (filing no. 17) which are currently maintained in paper copy form in the Clerk's office. No later than October 31, 2011, Respondents shall re-file the entire "Transcript" portion of the State Court Records (filing no. 17, items 1-5) in this matter in electronic form. To the extent Respondents wish to file the remainder of the State Court Records (filing no. 17, item 6) in paper copy form, they shall first seek leave from the court to do so. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(ADB)
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Filing
18
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Amend (filing no. 13 ) is granted. Petitioner may proceed on both of his Claims as set forth in this Memorandum and Order. By February 25, 2011, Respondents shall file a motion for summar y 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: February 25, 2011: deadline for Respondents to file state court records in s upport of answer or motion for summary judgment. If Respondents elect to file an answer, the procedures as set forth in this Memorandum and Order shall be followed by Respondents and Petitioner. The Clerk of the court is directed to set a pro se cas e management deadline in this case using the following text: March 28, 2011: check for Respondents to file answer and separate brief. No discovery shall be undertaken without leave of the court. Petitioners Motion to Appoint Counsel (filing no. 15 ) is denied. Respondent's Motion to Substitute Respondent (filing no. 12 ) is granted. The Clerk of the court is directed to substitute Robert Houston for Robert Bakewell as the Respondent in this matter. Robert Houston added. Robert Bakewell terminated. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
8
MEMORANDUM AND ORDER- Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that Petitioner's claim, as set forth in this Memorandum and Order, is potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Nebraska Attorney General by regular first-class mail. By November 8, 2010, Respondents shall file a motion for summary judgment or state court records i n support of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case. Pro Se Case Management Deadline set for 11/8/2010: deadline for Respondents to file state court records in support of answer or motion for summary judgment. If Respondents elect to file an answer, the procedures as set out in this order shall be followed by Respondents and Petitioner. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 8, 2010: check for Respondents to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(GJG)
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Filing
7
MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 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)(GJG)
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