Huryta v. Mental Health Board
| Rocky Allen Huryta |
| Mental Health Board |
| Nebraska Attorney General |
| 4:2014cv03016 |
| January 22, 2014 |
| 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
17
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Huryta's Petition for Writ of Habeas Corpus (Filing No. 1 ) and Amended Petition for Writ of Habeas Corpus (Filing No. 7 ) are dismissed without prejudice to reassertion after exhaustion of state remedies. The court will not issue a certificate of appealability in this case. A separate judgment will be entered in accordance with this order. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
11
MEMORANDUM AND ORDER -Petitioner's MOTION for Reconsideration 10 is granted. The clerk's office directed to reopen this matter. The clerk's office is directed to mail copies of this Memorandum and Order, the habeas corpus petition (Filing No. 1 ) and the amended habeas corpuspetition (Filing No. 7 ) to Respondent and the Nebraska Attorney General by regular first-class mail. If Respondent elects to file a motion for summary judgment, the procedures set forth within the ord er shall be followed by Respondent and Petitioner. If Respondent elects to file an answer, the procedures set forth within the order shall befollowed by Respondent and Petitioner: ***Pro Se Case Management Deadlines: ( Pro Se Case Management De adline set for 10/9/2014: deadline for Respondent to file state court records in supportof answer or motion for summary judgment and Pro se case Management Deadline set for 11/10/14: check for Respondent to file answer and separate brief.) No discovery shall be undertaken without leave of the court. See Rule6 of the Rules Governing Section 2254 Cases in the United States District Courts. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)
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Filing
8
MEMORANDUM AND ORDER - This matter is dismissed without 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)(MKR)
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Filing
6
MEMORANDUM AND ORDER -Petitioner will have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that clearly presents his claims for relief together with the facts in support of those claims. Fail ure to file 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: July 21, 2014: deadline for Petitioner to file an amended petition for writ of habeas corpus. The clerk's office is directed to send to Petitioner the Form AO 241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/21/2014:deadline for Petitioner to file anamended petition for writ of habeas corpus.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with form AO 241)(MKR)
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Filing
5
MEMORANDUM AND ORDER provisionally granting 4 Motion for Leave to Proceed in forma pauperis 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) (MKR)
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Filing
3
MEMORANDUM AND ORDER- Petitioner is directed to correct the above-listed technical defect in the Petition on or before March 3, 2014. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the court shall send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. ( Pro Se Case Management Deadline set for 3/3/2014:deadline to submit IFPapplication or pay $5.00 filing fee.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party as directed)(MKR)
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