Tyler v. Huber et al
| Billy Tyler |
| Huber and Douglas County District Court |
| Nebraska Attorney General |
| 8:2011cv00103 |
| March 21, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Lyle E. Strom |
| 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
15
MEMORANDUM AND ORDER - Petitioner's motion for leave to appeal IFP (Filing No. 11 ) is granted. Petitioner's duplicative motion for leave to appeal IFP (Filing No. 14 ) is denied as moot. Petitioner's motion in arrest of judgment (Fi ling No. 13 ), construed as a motion for certificate of appealability, 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 Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party and to the Court of Appeals)(GJG)
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Filing
12
MEMORANDUM AND ORDER - IT IS ORDERED: Petitioner shall have until August 22, 2011, 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 memorandum and order, the Court will deny the issuance of a certificate of appealability without further notice. The clerk of the court is directed to set a pro se case management in this case with the following text: August 22, 2011: check for filing of motion for certificate of appealability. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )
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Filing
8
MEMORANDUM AND OPINION - The Court has conducted an initial review of the Petition ("Petition") for Writ of Habeas Corpus (Filing No. 1 ) to determine whether the claims made by petitioner are, when liberally construed, potentially cogniza ble in federal court. Petitioner has failed to allege sufficient facts to establish that the threat of "debtors prison" is a severe or immediate restraint on his liberty. Thus, this Court lacks subject matter jurisdiction to issue a writ of habeas corpus in this matter and this action will be dismissed. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
4
MEMORANDUM AND ORDER regarding: Petition for Writ of Habeas Corpus 1 and MOTION for Leave to Proceed in forma pauperis 2 . IT IS ORDERED: The application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee by May 27, 2011. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: May 27, 2011: deadline for payment of $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (TEL)
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