Killingsworth v. Sabatka-Rine et al
| David L. Killingsworth |
| Robert Houston and Diane Sabatka-Rine |
| Nebraska Attorney General |
| 4:2011cv03222 |
| December 2, 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
47
MEMORANDUM AND ORDER - Petitioner's Motion for Extension of Time is denied. (Filing No. 44 .) The clerk's office shall not process the appeal to the Eighth Circuit Court of Appeals. The clerk's office shall send a copy of this Memorandum and Order to the Clerk of the Eighth Circuit Court of Appeals. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed) (AOA)
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Filing
36
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for an Evidentiary Hearing (filing no. 34 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
32
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner David L. Killingsworth's Petition for Writ of Habeas Corpus (filing no. 1 ) is dismissed with prejudice because it is barred by the applicable statute of limitations. A separate judgment will be entered in accordance with this Memorandum and Order. All other pending Motions are denied as moot. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
25
MEMORANDUM AND ORDER - Petitioner's Motion for Additional Documents (filing no. 20 ) is granted only to the extent that Petitioner's claims are amended as set forth in this Memorandum and Order. Petitioner may proceed on all three of his claims as set forth in this Memorandum and Order. The remainder of Petitioner's Motion for Additional Documents (filing no. 20 ) and Petitioner's Motion for Inspection of Presentence Investigation (filing no. 23 ) are denie d. Respondents' Motion for Extension of Time (filing no. 24 ) is granted. By July 5, 2012, Petitioner shall file and serve a brief in response to Respondent's Brief (filing no. 19 ). Petitioner shall submit no other documents unl ess directed to do so by the court. No later than 30 days after the filing of Petitioners brief, Respondents shall file and serve a reply brief. In the event that Respondents elect not to file a reply brief, they should inform the court by fil ing a notice stating that they will not file a reply brief and that the merits of the petition are therefore fully submitted for decision. (Pro Se Case Management Deadline set for 8/6/2012: check for Respondents' reply brief) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (TEL)
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Filing
14
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Amend (filing no. 7 ) is granted. Petitioner may proceed on all three of his Claims as set forth in this Memorandum and Order. Petitioner's duplicative Motion for Leave to Amend (fil ing no. 10 ) is denied. By March 9, 2012, Respondents 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 follo wing text: March 9, 2012: deadline for Respondents 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 deadline in this case using the following text: A pril 6, 2012: check for Respondents to file answer and separate brief. Petitioner's Motion to Appoint Counsel (filing no. 12 ) is denied. Respondents' Motion for Extension of Time to File Answer (filing no. 13 ) is granted. Respondents shall file their Answer and/or other required documents in accordance with the deadlines set forth above. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
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Filing
6
MEMORANDUM AND ORDER upon initial review of the Petition for Writ of Habeas Corpus 1 , Respondents shall file a motion for summary judgment or state court records in support of an answer by February 6, 2012. ( Pro Se Case Management Deadline set for 2/6/2012: deadline for Respondents to file state court records in support of answer or motion for summary judgment.) Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(copies mailed to respondents and Nebraska Attorney General as directed)(ADB)
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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 Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
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