Holladay v. Bakewell
| Larry Holladay |
| Dennis Bakewell |
| 4:2011cv03103 |
| July 7, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| 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
32
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal IFP (filing no. 27 ) is granted and Petitioner is permitted to appeal IFP. Petitioner's Motion for Certificate of Appealability (filing no. 31 ), is denied without prejudic e 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party; sent electronically to the 8th Circuit)(GJG)
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Filing
30
MEMORANDUM AND ORDER regarding Notice of Appeal to USCA 26 . Petitioner shall have until May 3, 2012, 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, the 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: May 3, 2012: check for filing of motion for Certificate of Appealability. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
24
MEMORANDUM AND ORDER - Petitioner Larry Holladay's Amended Petition for Writ of Habeas Corpus (filing no. 8 ) is denied in all respects and this action is dismissed with prejudice. A separate judgment will be entered in accordance Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
19
MEMORANDUM AND ORDER - Petitioner's Motion to Reconsider (filing no. 18 ), is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
9
MEMORANDUM AND ORDER Upon initial review of the Amended Petition (filing no. 8 ), the court preliminarily determines that Claims One through Three, as set forth in this Memorandum and Order, are potentially cognizable in federal court. Petitioner&# 039;s request to appoint counsel is denied without prejudice to reassertion. 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 14, 2011, 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: November 14 , 2011: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the procedures set out in this Memorandum and Order shall be followed by Respondent and Petitione r. The Clerk of the court is directed to set a pro se case managementdeadline in this case using the following text: December 19, 2011: 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. (Copy mailed/e-mailed to pro se party and as directed)(GJG)
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Filing
7
MEMORANDUM AND ORDER - The pending Petition is deemed insufficient and the court will not act upon it. On or before September 6, 2011, Holladay shall submit a completely new amended petition for writ of habeas corpus that is originally signed under p enalty of perjury. In the amended petition, Holladay shall specify the convictions and sentences that he is challenging. Holladay is warned that his failure to comply with this order may result in dismissal of his Petition without further notice. Th e Clerk of the Court is directed to send to Holladay the Form AO 241, 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 6, 2011: deadline for Petitioner to submit amended Petition. Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party along with form)(GJG)
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Filing
6
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 Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(GJG)
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| Respondent: Dennis Bakewell | |
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