Red Kettle v. Scott Frakes

Interested Party: Nebraska Attorney General
Petitioner: Byron K. Red Kettle
Respondent: State of Nebraska
Case Number: 8:2013cv00171
Filed: June 3, 2013
Court: Nebraska District Court
Office: 8 Omaha Office
Referring Judge: Pro Se Docket
Presiding Judge: Lyle E. Strom
Nature of Suit: Habeas Corpus: General
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
February 24, 2016 95 Opinion or Order of the Court ORDER - By April 11, 2016, Respondent must 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 using the following text: April 11, 2016: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the procedures must be followed by Respondent and Petitioner. The clerk of the court is dire cted to set a pro se case management deadline in this case using the following text: May 9, 2016: check for Respondent's answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
December 16, 2015 90 Opinion or Order of the Court ORDER that petitioner's Motion to Appoint Counsel (Filing No. 89 ) is denied without prejudice to reassertion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(LAC)
November 4, 2015 83 Opinion or Order of the Court ORDER - Red Kettle's request to incorporate his previous filings into his amended petition (Filing No. 81 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
October 20, 2015 78 Opinion or Order of the Court ORDER - Red Kettle's Motion (Filing No. 61 ) brought pursuant to Rule 60(b)(6) and Motion to Amend Petition (Filing No. 72 ), and respondent's Motion for a Progression Order (Filing No. 67 ), are granted to the extent the relief they sought is consistent with the relief provided in this order. Red Kettle's Motion for Appointment of Counsel (Filing No. 65 ) and Motion for Hearing (Filing No. 75 ) are denied. Red Kettle must file an amended petition for writ of habe as corpus within 30 days that incorporates all of his claims for relief. Failure to file an amended petition for writ of habeas corpus could result in the court dismissing this action without prejudice and without further notice. Any document Red Kettle submits to the clerk of the court for filing in this case must clearly display the case number. The clerk of the court is directed to: (a) reopen this case, (b) send to Red Kettle a blank AO Form 241 ("Petition for Relief From a Conv iction or Sentence By a Person in State Custody"), and (c) set the following pro se case management deadline in this case: November 23, 2015: check for Red Kettle's amended petition for writ of habeas corpus. Red Kettle is ordered not to file any other document seeking to amend his claims aside from the one contemplated above without first obtaining leave from the court to do so. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with form)(GJG)
July 14, 2015 68 Opinion or Order of the Court MEMORANDUM AND ORDER - Red Kettle's Motion for Copies (Filing No. 60 ) is denied. Red Kettle's Motion for Discovery (Filing No. 62 ), Motion to Expand the Record (Filing No. 63 ), and Motion for Enlargement of Custody (Filing No. [6 4]) are denied as premature. This case remains closed and will remain closed until after the court issues a ruling on Red Kettle's Motion for Relief From Judgment (Filing No. 61 ). To the extent Red Kettle seeks release from custody at t his time, his request is denied. Red Kettles Motion for Relief From Judgment (Filing No. 61 ) remains pending, and respondent must file any opposition to the motion within 14 days. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
May 8, 2015 54 Opinion or Order of the Court MEMORANDUM AND ORDER - Red Kettle's "MOTION TO CONSOLIDATE and/or INCORPERATE" (Filing No. 53 ) is denied. To the extent Red Kettle seeks relief from the Court's judgment in this matter, he must file a motion for relief from ju dgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure within the next 30 days. The clerk of the court is directed to set the following pro se case management deadline: June 8, 2015: Rule 60(b)(6) motion to be filed by this date. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
December 5, 2014 50 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner's Motion for the Appointment of Counsel (Filing No. 48 ) and Motion for Hearing (Filing No. 49 ) are denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
May 15, 2014 47 Opinion or Order of the Court ORDER - Petitioner's Motion for Extension of Time (Filing No. 46 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
May 2, 2014 45 Opinion or Order of the Court ORDER - Petitioner's Motion for Reconsideration (Filing No. 43 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
April 18, 2014 40 Opinion or Order of the Court MEMORANDUM OPINION - In this case, Red Kettle has failed to make a substantial showing of the denial of a constitutional right. The Court is not persuaded that the issues raised in the petition are debatable among reasonable jurists, that a court cou ld resolve the issues differently, or that the issues deserve further proceedings. Accordingly, the Court will not issue a certificate of appealability in this case. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
January 14, 2014 24 Opinion or Order of the Court MEMORANDUM AND ORDER - Upon initial review of the amended habeas corpus petition (Filing No. 18 ), the Court preliminarily determines that petitioners claims, as set forth in this memorandum and order, are potentially cognizable in federal court. T he clerk of the court is directed to mail copies of this memorandum and order and the amended section 2254 petition to respondent and the Nebraska Attorney General by regular first-class mail. The clerk of the court is directed to set a pro se ca se management deadline in this case using the following text: February 24, 2014: 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 manag ement deadline in this case using the following text: March 24, 2014: check for respondent to file answer and separate brief. Petitioner's Motion for Appointment of Counsel (Filing No. 20 ) is denied. Petitioner's Motions for "Production of Evidence" and "In Camera Inspection" (Filing Nos. 21 and 22 ) are denied.Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed)(GJG)
September 24, 2013 13 Opinion or Order of the Court MEMORANDUM AND ORDER - Red Kettle will have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that presents cognizable claims for relief. Failure to file an amended petition for writ of habeas corpus will result in dismissal of this matter without further notice. The clerk's office is directed to set a pro se case management deadline in this case using the following text: October 21, 2013: deadline for Red Kettle to file an amende d petition for writ of habeas corpus. The clerk's office is directed to send to Red Kettle the Form AO 241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with form as directed)(GJG)
August 26, 2013 12 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner's Motion to Amend Pleadings (Filing No. 11 ) is granted. The Court will consider Filing No. 11 as supplemental to the Petition for Writ of Habeas Corpus in accordance with NECivR 15.1(b). The clerk's offi ce is directed to update the Courts records to reflect that the only respondent in this matter is "Robert P. Houston, Director, Nebraska Department of Correctional Services." Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG, )
August 1, 2013 10 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner's Motion to Amend Pleadings (Filing No. 9 ) is granted. The Court will consider Filing Number 9 as supplemental to the Petition for Writ of Habeas Corpus in accordance with NECivR 15.1(b). Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (AOA)
June 20, 2013 7 Opinion or Order of the Court MEMORANDUM AND ORDER - The application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee by August 12, 2013. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: August 12, 2013: deadline for payment of $5.00 filing fee.Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Petitioner: Byron K. Red Kettle
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Respondent: State of Nebraska
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