Benish v. Houston
| Richard L. Benish |
| Robert Houston |
| Nebraska Attorney General |
| 4:2010cv03241 |
| December 17, 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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The following documents for this case are available for you to view or download:
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Filing
33
MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus 1 filed by Richard L. Benish. The court has carefully reviewed the record in this matter and finds that Benish has not submitted any evidence, let alone clear and convincing evidence, that the Nebraska Court of Appeals was incorrect in any of its factual determinations. 28 U.S.C. § 2254(e)(1). The grant of a writ of habeas corpus is not warranted on these issues because the Nebraska state courts correctly applied Strickland and other federal law. Petitioner Benish's Petition (filing no. 1 ) 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/e-mailed to pro se party)(JAB)
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Filing
31
MEMORANDUM AND ORDER denying 26 Petitioner's Motion for Leave for Discovery. Respondent has already filed all records considered by the state courts in the state court proceedings. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(JAB)
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Filing
28
MEMORANDUM AND ORDER denying as moot 19 Petitioner's Motion for Leave. Petitioner requested that Respondent file 16 additional state court records. In response, Respondent filed all appellate records, with the exception of two large exhibits that cannot be reproduced but are described in witness testimony. (Filing No. 25 .) In light of this, Petitioner's Motion is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)
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Filing
10
MEMORANDUM AND ORDER denying 7 Motion to Appoint Counsel. The court has carefully reviewed the record and finds that there is no need for the appointment of counsel at this time. Petitioner's Motion for Appointment of Counsel (filing no. 7 ) is denied without prejudice to reassertion. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)
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Filing
8
MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that all twelve of Petitioner's claims are 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 February 18, 2011, Respondent shall file a motion for summary judgment or, in the alternative, state court records in supp ort 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 18, 2011: deadline for Respondent to file state court records in support of answer or motion for summary ju dgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: March 21, 2011: check for respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(GJG)
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Filing
5
MEMORANDUM AND ORDER provisionally granting the 2 Motion for Leave to Proceed in forma pauperis. The Petitioner is relieved from paying the fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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