Holladay v. Houston
Petitioner: Larry Thomas Holladay
Respondent: Robert Houston
Interested Party: Nebraska Attorney General
Case Number: 8:2010cv00152
Filed: April 23, 2010
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 4, 2011 Opinion or Order Filing 30 MEMORANDUM AND ORDER - Petitioner's Motion to Withdraw Appeal (filing no. 29 ) is granted. The Clerk of the court shall not process Petitioner's appeal. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
December 23, 2010 Opinion or Order Filing 24 MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal in Forma Pauperis (filing no. 18 ) is granted. Petitioner is relieved from paying the appellate filing fee at this time. Petitioner shall have until January 21, 2011, to file a moti on 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 Memorandum and Order, the court will deny the issuance of a certificate of appealability without further not ice. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: January 21, 2011: check for COA and separate brief and deny if none filed. Petitioner's Motion for Praecipe for Transcript (filing no. 21 ) is denied. The Eighth Circuit will rely on the court's electronic records in this matter when the appeal is processed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
November 19, 2010 Opinion or Order Filing 15 MEMORANDUM AND ORDER - Petitioner's Petition for Writ of Habeas Corpus (filing no. 1 ) is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JAE)
May 27, 2010 Opinion or Order Filing 6 MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (filing no. 1 ), the court preliminarily determines that the following claims are potentially cognizable in federal court: Claims One and Three. The court decides that Claim Tw o is not cognizable in a federal court habeas action and is therefore dismissed. The Clerk of the court is directed to mail copies of this memorandum and order and the section 2254 petition to the respondent and the Nebraska Attorney General by regu lar first-class mail. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 12, 2010: deadline for respondent to file state court records in support of answer or motion for summary ju dgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 11, 2010: check for respondent to file answer and separate brief. Petitioner's request for the appointment of counsel is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and filings mailed as directed)(GJG)
May 26, 2010 Opinion or Order 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 Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Petitioner: Larry Thomas Holladay
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Respondent: Robert Houston
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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