Thomas v. Houston
| L.T. Thomas |
| Robert Houston |
| Nebraska Attorney General |
| 4:2011cv03161 |
| September 23, 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
49
ORDER granting petitioner leave to proceed on appeal in forma pauperis. Ordered by Judge Joseph F. Bataillon. (GJG) Modified on 8/19/2013 to remove text that copy mailed to pro se party (GJG).
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Filing
43
MEMORANDUM AND ORDER regarding Second Amended Petition for Writ of Habeas Corpus 36 that this matter is dismissed with prejudice, and a separate judgment will be entered in accordance with this Memorandum and Order. The court will not issue a certificate of appealability in this matter. Ordered by Judge Joseph F. Bataillon. (ADB)
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Filing
37
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave to File a Second Amended Petition for Writ of Habeas Corpus is granted. (Filing No. 33 .) The clerk's office is directed to modify the docket text to reflect that Filing Number 36 is Petitioner's Second Amended Petition for Writ of Habeas Corpus. Respondent's Objection to Petitioner's Motion is overruled. (Filing No. 34 .) Respondent's Motion to Extend Reply Brief is gr anted as set forth below. (Filing No. 35 .) By December 3, 2012, Respondent shall file an answer to the Second Amended Petition. The answer must be accompanied by a separate brief that addresses the Kofoed issue. In this brief, Respondent need no t address the other five issues raised in the Second Amended Petition, but may instead rely on his discussion of these issues in his September 11, 2012, Brief (Filing No. 30 ). The clerk's office is directed to set a pro se case management deadline in this case using the following text: March 3, 2013: check for parties' briefs. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
28
MEMORANDUM AND ORDER - Upon initial review of the Amended Petition (filing no. 26 ), the court preliminarily determines that Claims One through Five are potentially cognizable in federal court. By October 23, 2012, Respondent shall file a moti on for summary judgment or state court records in support of an answer. No later than 30 days after the filing of the relevant state court records, Respondent shall file an answer. The answer shall be accompanied by a separate brief, submitted at the time of the filing of the answer. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (Copies mailed to respondent and Nebraska Attorney General as directed) (TEL)
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Filing
24
MEMORANDUM AND ORDER - Attorney David Stickman and the Federal Public Defender's Office's Motion to Withdraw as Attorney (Filing No. 23 ) is granted. James McGough is appointed to represent Thomas in this matter pursuant to 18 U.S.C. 67; 3006A(a)(2)(B). James McGough shall promptly enter his appearance as counsel in this matter. No later than August 10, 2012, McGough shall file an amended petition for writ of habeas corpus. Following the filing of the amended petition, the court will enter an order progressing this matter to disposition. Although counsel has been appointed, this matter will remain assigned to the pro se docket and the pro se staff will remain responsible for the case management of this matter. Mag istrate Judge Zwart will remain the magistrate judge assigned to this matter. The clerks office shall provide James McGough, the Federal Public Defenders Office, Petitioner, the Nebraska Attorney General, and Magistrate Judge Zwart with a copy of this Memorandum and Order. In his capacity as administrator of the Criminal Justice Act panel, the Federal Public Defender shall provide James McGough with a CJA voucher. Ordered by Judge Joseph F. Bataillon. (Copies provided as directed)(GJG)
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Filing
21
MEMORANDUM AND ORDER - The Federal Public Defender's Office for the District of Nebraska is appointed to represent Thomas. An attorney from the Federal Public Defender's Office shall promptly enter his appearance as counsel in this matter. No later than July 31, 2012, counsel for Thomas shall file an amended petition for writ of habeas corpus. Following the filing of the amended petition, the court will enter an order progressing this matter to disposition. Although counsel has been appointed, this matter will remain assigned to the pro se docket and the pro se staff will remain responsible for the case management of this matter. Magistrate Judge Zwart will remain the magistrate judge assigned to this matter. The clerk&# 039;s office shall provide the Federal Public Defender's Office, Petitioner, the Nebraska Attorney General, and Magistrate Judge Zwart with a copy of this Memorandum and Order.Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed)(GJG)
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Filing
8
MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that Claims One through Seven, as set forth in this Memorandum and Order, are potentially cognizable in federal court. Clerk to mail copie s. By December 16, 2011, Respondent shall file a motion for summary judgment or state court records in support of an answer. ***Pro Se Case Management Deadline set for 12/16/2011: deadline for Respondent to file state court records in support of answ er 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: January 16, 2012: check for Respondent's answer and separate brief. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed to pro se party and as directed)(JAB)
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