Palomino-Duque v. Britten
| Oscar A. Palomino-Duque |
| Fred Britten |
| Nebraska Attorney General |
| 8:2010cv00211 |
| June 1, 2010 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| 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
32
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed IFP on Appeal (filing no. 31 ) is granted. Petitioner's Motion for Certificate of Appealability (filing no. 30 ) is denied without prejudice to reassertion before the Eighth Circuit. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (AOA)
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Filing
27
MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus 1 filed by petitioner, Oscar A. Palomino-Duque. The court finds that Petitioner has not demonstrated "cause and prejudice" to excuse the procedural default of his Habeas Claims and they are dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB)
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Filing
25
MEMORANDUM AND ORDER regarding Answer to Complaint 20 . IT IS THEREFORE ORDERED that: On the court's own motion, Respondent shall have until March 25, 2011, to file the motion for post-conviction relief and the May 5, 2008, plea colloquy on which the Douglas County District Court's January 19, 2010, order is based, and also any other state court records relevant to the merits of Petitioner's allegations. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL)
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Filing
9
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 through Three. Petitioner's request for the appointment of counsel (Filing No. 1 ) is denied without prejudice to reassertion. 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 Gene ral by regular first-class mail. By August 17, 2010, the respondent shall file a motion for summary judgment 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 usi ng the following text: August 17, 2010: deadline for respondent to file state court records in support of answer or motion for summary judgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 17, 2010: check for respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed and to pro se party)(TCL )
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Filing
7
ORDER of Recusal and Request for Reassignment regarding Oscar A. Palomino-Duque. This matter is before the court on plaintiff's Motion for Recusal (Filing No. 6 ). After considering the motion, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JAB)
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Filing
5
MEMORANDUM AND ORDER - 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) (JAB)
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