Kass v. Houston
Petitioner: David M. Kass
Respondent: Robert P. Houston
Interested Party: Nebraska Attorney General
Case Number: 8:2011cv00426
Filed: December 13, 2011
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Thomas D. Thalken
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
March 25, 2016 Opinion or Order Filing 28 MEMORANDUM AND ORDER that the Petition for Writ of Habeas Corpus 1 is denied. A judgment of dismissal in conformity with the Memorandum and Order will issue this date. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
August 28, 2012 Opinion or Order Filing 18 BRIEFING ORDER - The respondent shall file a brief in this Section 2254 case no later than thirty days after the filing of all state court records relevant to the cognizable claims. Petitioner shall file his responsive brief thirty days after the filing of respondents brief. Ordered by Judge Joseph F. Bataillon. (MKR)
August 20, 2012 Opinion or Order Filing 17 MEMORANDUM AND ORDER - The respondent's motion to set aside clerk's entry of default, Filing No. 14 , is granted. The Clerk's Entry of Default (Filing No. 12 ) is vacated. On initial review of the Petition (Filing No. 1 ), the court preliminarily determines that petitioner's claims are potentially cognizable in federal court. The petitioner shall file a reply to the defendant's Answer within 14 days of the date of this order. Respondent shall file all state court records that are relevant to the cognizable claims within 45 days of the date of this order. See, e.g., Rule 5 (c)-(d) of the Rules Governing Section 2254 Cases in the United States District Courts. In the event that the petitioner finds the respondent's designation of state court records is not sufficient, the petitioner may move to designate additional records within 14 days of the respondent's designation. The parties shall contact the chambers of the undersigned wi thin one week of the date of this order to schedule a status conference to discuss further progression of this case to resolution. No discovery shall be undertaken without leave of the court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. Ordered by Judge Joseph F. Bataillon. (TEL)
July 16, 2012 Opinion or Order Filing 9 ORDER - The plaintiff has until the close of business on August 6, 2012, to file a motion for clerks entry of default or show cause why this case should not be dismissed for failure to prosecute. Show Cause Deadline set for 8/6/2012. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 25, 2012 Opinion or Order Filing 5 ORDER- The plaintiff shall have to on or before on June 26, 2012, to effect service of the complaint on the defendant. ***Set/Reset All Deadlines: ( Service of Summons due by 6/26/2012.) Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 23, 2012 Opinion or Order Filing 3 ORDER- The plaintiff has until the close of business on June 5, 2012, to file evidence of service or show cause why this case should not be dismissed for failure to prosecute the defendant. Show Cause Deadline set for 6/5/2012. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Respondent: Robert P. Houston
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Petitioner: David M. Kass
Represented By: Alan G. Stoler
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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