Benish v. Houston
| Robert Houston |
| Richard L. Benish |
| Nebraska Attorney General |
| 4:2011cv03109 |
| July 19, 2011 |
| 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
18
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
6
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that Claims One, Two, Four, and Five, as set forth in this Memorandum and Order, are potentially cognizable in federal court. The court determines that Claim Three is not cognizable in a federal court habeas action and is therefore dismissed. The clerk's office is directed to mail copies of this Memorandum and Order and the Petition to Respondents an d the Nebraska Attorney General by regular first-class mail. By September 27, 2011, Respondent shall 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 manageme nt deadline in this case using the following text: September 27, 2011: 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 deadlin e in this case using the following text: October 27, 2011: check for Respondent to file 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 Chief Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL )
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Filing
5
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)(TCL )
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