Allee v. Nebraska Attorney General et al
| 8:2005cv00229 |
| April 13, 2005 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| 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
83
MEMORANDUM AND ORDER that Mr. Allee's motion to appoint counsel in both cases herein, herein, Filing No. 80 (05cv229), and 8:00cr83 (Filing Nos. 361 and 363 ) are denied. IT IS FURTHER ORDERED THAT these cases are without merit as set forth herein and are dismissed as to defendant Justin J. Allee. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
81
ORDER that the government shall respond to 05cv229, Filing No. 80 ; and 00cr83, Filing Nos. 361 and 363 within 30 days of the date of this Order. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (LRM)
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Filing
72
ORDER that this court will not issue a certificate of appealability in this case. The Clerk of Court is directed to process the appeal and to send a copy of this Order and a copy of Filing No. 71 to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Joseph F. Bataillon. (ADB, ) Modified on 4/22/2009 to remove from text that a copy was mailed to pro se party. Plaintiff has an attorney (ADB, ).
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Filing
71
MEMORANDUM AND ORDER that Petitioner shall have until thirty days from the date of this order to file a motion for certificate of appealability and brief in support; in the event that petitioner fails to file a motion and brief as set forth in this M emorandum and Order, the court will deny the issuance of a certificate of appealability without further notice; the Clerk of Court shall not process the appeal pending further order of the court; the court grants petitioner's continued in forma pauperis status for purposes of appeal.Ordered by Chief Judge Joseph F. Bataillon. (CJP)
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Filing
68
ORDER granting 67 Motion to Extend Time. Petitioner's motion to extend time to file his notice of appeal until February 27, 2009, is granted. Ordered by Chief Judge Joseph F. Bataillon. (JAE, ).
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Filing
63
ORDER granting 61 Motion to Withdraw as Attorney.; granting 62 Motion to Extend. THEREFORE, IT IS ORDERED: 1. The court grants the motion to withdraw as attorney, Filing No. 61, and James C. Webering is discharged as counsel in this case and has no further duty in representing the petitioner.2. The court grants the motion for extension of time to appeal, Filing No. 62, and petitioner is granted thirty days from the date of this order to file his appeal with the Eighth Circuit Court of Appeals. 3. The court hereby appoints James E. Reisinger to represent petitioner in his appeal of this case. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
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Filing
59
MEMORANDUM AND ORDER that respondents' motion for summary judgment 51 is granted and petitioner's objection to the motion 55 is overruled; this case is dismissed and respondents are entitled to judgment as a matter of law; a separate judgment is entered in conjunction with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (CJP)
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