Ildefonso v. Gage
| Arlyn P. Ildefonso |
| Brian Gage |
| Nebraska Attorney General |
| 4:2013cv03110 |
| June 6, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| Warren K. Urbom |
| 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
72
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 67 ) is granted. Petitioner's Motion for Appointment of Counsel (Filing No. 70 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. Petitioner's Motion for Extension of Time (Filing No. 71 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. The clerk's office is directed to provide the Eighth Circuit Court ofAppeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
65
MEMORANDUM AND ORDER denying 64 Motion to Alter or Amend Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
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Filing
62
MEMORANDUM AND ORDER - This case is dismissed with prejudice and the court will not issue a certificate of appealability. Ildefonso's discovery motions, request to "expand the record," and requests for the appointment of counsel (Filing Nos. 58 , 59 , and 60 ) are denied. I will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
57
MEMORANDUM AND ORDER - Petitioner's "Motion Requesting the Respondent be Ordered to File Additional Materials/Documents" (Filing No. 55 ) is denied. Petitioner's request for an extension of time (Filing No. 56 ) is granted. Pe titioner will be given an additional 45 days in which to file a motion that specifies what discovery he seeks and his reason for requesting the discovery. Any such motion must include any proposed interrogatories and requests for admission, and mus t specify any requested documents. See Rule 5 of the Rules Governing Section 2254 Cases. The Court will consider this matter fully submitted for disposition in 45 days if no discovery motion is filed in such time. The Clerk of the Court is directed to set the following case management deadline: April 15, 2015: check for discovery motion; case fully submitted if none filed. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
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Filing
54
MEMORANDUM AND ORDER that petitioner's Motion for Enlargement of Time 53 is denied without prejudice to reassertion of a motion that specifies what discovery he seeks and his reasons for requesting the discovery. The Court will consider this matter fully submitted for disposition in 30 days if no discovery motions or requests for additional state court records are filed in such time. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
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Filing
52
MEMORANDUM AND ORDER that Petitioner's Motion for Evidentiary Hearing and Appointment of Counsel 51 is denied without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
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Filing
48
MEMORANDUM AND ORDER - Petitioner's Motion for Appointment of Counsel (Filing No. 40 ) is denied without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
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Filing
43
MEMORANDUM AND ORDER - 1. Respondent's Motion to Amend (Filing No. 37 ) is granted. As set forth in NECivR 15.1(c), "[t]he granting of the motion for leave to amend does not constitute filing the amended pleading. If granted leave to amend, the party must then file the amended pleading."; and 2. Ildefonso's Objection (Filing No. 41 ) is overruled. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB)
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Filing
18
MEMORANDUM AND ORDER - Upon initial review of the Amended Petition for Writ of Habeas Corpus (Filing No. 13 ), I preliminarily determine that Ildefonso's 81 claims are potentially cognizable in federal court. The clerk's office is di rected to mail copies of this memorandum and order and the amended petition (Filing No. 13 ) to the respondent and the Nebraska Attorney General by regular first-class mail. By February 21, 2014, the respondent shall file a motion for summa ryjudgment 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: February 21, 2014: deadline for the respondent to file state court r ecords in support of answer or motion for summary judgment. Ordered by Senior Judge Warren K. Urbom. (Copies mailed as directed)(AOA) Modified on 1/29/2014 to reflect this 1/8/14 order was discovered not docketed on 1/27/14 and was then uploaded to the system on 1/27/14 but being filed as of 1/8/14 (CCB).
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Filing
17
ORDER denying 16 Motion for Appointment of Counsel without prejudice t reassertion. Ordered by Senior Judge Warren K. Urbom. (Copy mailed/e-mailed to pro se party)(EJL)
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Filing
12
ORDER denying 9 Motion for Issuance of Extraordinary Writ.Ordered by Senior Judge Warren K. Urbom. (Copy mailed/e-mailed to pro se party)(EJL)
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Filing
10
MEMORANDUM AND ORDER - Ildefonso's "Motion for Leave to Use Previously Filed Attachments and Exhibits as Part of Petitioner[']s Amended Petition for Writ of Habeas Under 28 U.S.C. § 2254" (Filing No. [7) is granted, but only to the extent it is consistent with this memorandum and order. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(AOA)
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Filing
6
MEMORANDUM AND ORDER - Ildefonso will have 60 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that presents his claims for relief together with the facts in support of those claims. Failure to f ile an amended petition for writ of habeas corpus may result in dismissal of this matter without further notice. The clerk's office is directed to set a pro se case management deadline in this case using the following text: November 8, 2013: deadline for Ildefonso to file an amended petition for writ of habeas corpus. The clerk's office is directed to send to Ildefonso the Form AO 241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. Ordered by Senior Judge Warren K. Urbom. (Copy with form mailed to pro se party) (AOA)
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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 Ildefonso will not be required to pay the $5.00 fee at this time. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(AOA)
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