Torres v. Frakes
| Marco E. Torres, Jr. |
| Scott Frakes |
| Nebraska Attorney General |
| 4:2017cv03078 |
| June 22, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Michael D. Nelson |
| Robert F. Rossiter |
| Habeas Corpus: Death Penalty |
| 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
109
ORDER Petitioner's Motion for Oral Argument (Filing No. 103 ) is granted. Oral argument in this matter is set for February 8, 2024, at 9:30 a.m. by telephone before Magistrate Judge Michael D. Nelson. Petitioner and Respondent will each be allotted a total of thirty minutes for arguments. Arguments will be recorded using a portable digital recorder, and the audio file shall be uploaded to the docket as part of the record. The Court entered a separate Order containing Conference Instructions for the hearing. Ordered by Magistrate Judge Michael D. Nelson. (LRM)
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Filing
58
ORDER - that the Motion for Withdrawal of Appearance and Appointment of Substitute Attorney (Filing No. 57 ) filed in this case by Susanne Bales, as counsel of record for Petitioner, is granted. Attorney Susanne Bales is granted leave to withdraw as counsel for Petitioner and shall no longer receive electronic notice in this case. Assistant Federal Community Defender Stephen A. Ferrell is substituted as counsel of record for Petitioner. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
46
PROGRESSION ORDER - The Respondent shall file an additional designation of state court records relevant to the Habeas Petition and Amendment to Habeas Petition's constitutional claims within 60 days of entry of this order. No discovery shall be undertaken without leave of Court. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
42
ORDER - The stay of this case is lifted. Respondent shall file a response to the Petition on or before November 18, 2020. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
37
ORDER - IT IS ORDERED: Petitioner's Unopposed Motion to Continue Stay (Filing No. 36 ) is granted. This case shall continue to be stayed and held in abeyance until the Supreme Court either denies certiorari in State v. Torres, 936 N.W.2d 73 0 (Neb. 2020), or grants certiorari and rules on his claims. Petitioner shall file a notice advising the Court of the date he files his petition for certiorari. Petitioner shall notify the Court within 14-days regarding whether the Supreme Court grants or denies his petition for certiorari. If the Supreme Court denies certiorari, the Court will enter an order lifting the stay. If the Supreme Court grants certiorari, Petitioner shall file status reports every 90-days after certiorari is g ranted advising the Court of the status of the appeal. Respondent shall have an extension of time to file a response to the Petition until 30-days after the stay is lifted. The Clerk of Court shall terminate the previous case management deadline and set a new case management deadline of May 25, 2020: check for filing of petition for certiorari. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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Filing
27
ORDER - Petitioner's Motion to Amend Petition for Writ of Habeas Corpus (Filing No. 26 ) is granted. Petitioner shall file the Amendment to Petition (Filing No. [26-1]) on or before January 19, 2018. Respondent shall file an answer or other res ponsive pleading within thirty days of the filing of the Amendment to Petition. Petitioner's Motion Requesting Additional Relevant State Court Documents to be Filed (Filing No. 21 ) is granted. Respondent shall file the requested additional documents on or before February 28, 2018. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
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Filing
11
ORDER UPON INITIAL REVIEW - The Clerk of Court shall serve copies of this order and the petition to the respondent and the Nebraska Attorney General. On or before July 31, 2017, the respondent shall file a response. The Clerk of Court shall set a cas e-management deadline for this date. Whether filing an answer or a motion for summary judgment, the respondent shall file (1) a pleading entitled "Designation of Relevant State Court Records," and (2) copies of all records described in tha t designation. If Torres determines that the respondent's designation is insufficient, he shall have ten days to file a motion specifically requesting additional documents and explaining the reasons the documents are relevant to his claims. Whet her the respondent files an answer or a motion for summary judgment, Torres shall file any reply within thirty days after service of the respondent's answer or motion. If either party moves for a stay and abeyance of Torres's federal petiti on pending resolution of Torres's motion for post-conviction relief in state court, such party must file a brief in support addressing the relevant issues identified in Rhines v. Weber, 544 U.S. 269, 277-78 (2005), and its progeny. Ordered by Judge Robert F. Rossiter, Jr. (Copies provided as directed) (JSF)
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Filing
8
STRICKEN-MEMORANDUM AND ORDER Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $40.48 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and f orward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Pro Se Case Management Deadline set for 7/24/2017:initial partial filing fee payment due. Ordered by Magistrate Judge F.A. Gossett. (MKR) Modified on 6/23/2017 to remove copy mailed.(MKR). Modified on 6/23/2017 to strike per Order 9 (MKR).
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