Floyd v. Houston

Floyd v. Houston

Petitioner:	William C. Floyd, Jr.
Respondent:	Robert P. Houston
Interested Party:	Nebraska Attorney General
Case Number:	8:2013cv00195
Filed:	July 1, 2013
Court:	US District Court for the District of Nebraska
Office:	8 Omaha Office
Presiding Judge:	Joseph F. Bataillon
Presiding Judge:	Pro Se Docket
Nature of Suit:	Habeas Corpus: General
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 23, 2019	Filing 203 ORDER permitting petitioner William C. Floyd, Jr. to proceed on appeal in forma pauperis. Memorandum and Order 199 states that no certificate of appealability has been or will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 16, 2019	Filing 199 MEMORANDUM AND ORDER - that the Petition for Writ of Habeas Corpus (Filing No. 127 & Filing No. 131 ) is denied and dismissed with prejudice. No certificate of appealability has been or will be issued. Judgment will be issued by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
May 10, 2019	Filing 195 MEMORANDUM AND ORDER - that Petitioner's "Objection to Filing # 193 Memorandum and Order" (filing no. 194 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 30, 2019	Filing 193 MEMORANDUM AND ORDER - IT IS ORDERED that Petitioner's Motion for Enlargement of Time to Amend Brief (filing no. 191 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMM)
April 18, 2019	Filing 190 MEMORANDUM AND ORDER - Floyd's Motion to File Amended Brief (filing no. 189 ) is granted to the extent that the court will direct the clerk to provide Floyd with a copy of his brief. The deadline for Floyd to submit any additional briefing r emains April 22, 2019. In the event Floyd submits additional briefing by April 22, 2019, the court will adjust the Respondents' reply brief deadline accordingly. The clerk of the court is directed to send to Floyd a copy of filing nos. 186 and 187 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 12, 2019	Filing 188 MEMORANDUM AND ORDER - The clerk of court is directed to term the motion event associated with Petitioner's Objection (filing no. 186 ). The court will treat Petitioner's Objection as part of his brief in response. Respondents shall have until May 13, 2019, to file their reply brief. (See Filing No. 128 .) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
April 4, 2019	Filing 185 MEMORANDUM AND ORDER - Floyd's "Objection to the Brief of Respondents in the Response to Filing # 177 " (filing no. 183 ) and "Objection to Courts Memorandum and Order Filing No 182 " (filing no. 184 ) are denied. On or be fore the close of business on Monday, April 22, 2019, Floyd shall file his brief in response to Respondents' answer and brief. In setting this deadline, the court has already taken the prison mailbox rule into account. Therefore, Floyd� 39;s brief must be received by the court no later than Monday, April 22, 2019. No further extensions will be given. Failure to file a brief within the time specified by the court may result in the court dismissing this matter without prejudice and without further notice for lack of prosecution and failure to comply with the court's orders. The clerk of the court is directed to set a pro se case management deadline using the following text: April 22, 2019: check for Petitioner's brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
March 25, 2019	Filing 182 MEMORANDUM AND ORDER - Floyd's motion for a court order (filing no. 177 ) is denied. Taking the prison mailbox rule into account, Floyd shall file his brief in response to Respondents' answer and brief on or before the close of business on Friday, April 5, 2019. Failure to file a brief within the time specified by the court may result in the court dismissing this matter without prejudice and without further notice for lack of prosecution. The clerk of the court is directed to set a pro se case management deadline using the following text: April 5, 2019: check for Petitioner's brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
March 20, 2019	Filing 179 MEMORANDUM AND ORDER - On or before the close of business on Wednesday, April 10, 2019, counsel for the Respondents shall submit a brief and such evidentiary materials as may be necessary (such as affidavits) addressing Petitioner's present m otion for a court order (filing no. 177 ). The court expressly defers consideration of Floyd's request for a continuance until further order of the court. The clerk of the court is directed to set a pro se case management deadline using the following text: April 10, 2019: check for Respondents' response to Petitioner's motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
March 18, 2019	Filing 178 MEMORANDUM AND ORDER - Petitioner's "Objection to Filing No# 175 ", construed as a motion for reconsideration, (filing no. 176 ) is denied. Petitioner has until March 25, 2019, to submit his brief in response to Respondent's answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
March 5, 2019	Filing 175 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Enlargement of Time (filing no. 174 ) is denied. Petitioner shall have until March 25, 2019, to file and serve a brief in response to Respondents' Answer and Brief in Support. Absolutely no further extensions shall be granted. If Petitioner fails to submit a response by March 25, 2019, then Respondents shall file a notice of case submission within 7 days thereafter informing the court that the merits of the petition are fully submitted for decision. The clerk's office is directed to set the following pro se case management deadline: March 25, 2019: check for Petitioner's brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)
October 26, 2018	Filing 168 MEMORANDUM AND ORDER - Petitioner's "Motion to File a Third Expansion of Record" (filing no. 166 ) is granted. The court will consider the materials attached to Petitioner's motion to the extent they are relevant to the claims pr esented in his habeas petition and specifically referenced in any brief Petitioner files. Petitioner's Motion for Extension of Time (filing no. 167 ) is granted. Petitioner shall have until December 26, 2018, to file and serve a brief in response to Respondents' Answer and Brief in Support. The clerk's office is directed to set the following pro se case management deadline: December 26, 2018: check for Petitioner's brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
August 24, 2018	Filing 165 MEMORANDUM AND ORDER granting Petitioner's MOTION for Extension of Time to 10/26/18 to File a Responsive Pleading 164 . No further extensions shall be granted. Pro Se Case Management Deadline set for 10/26/2018 to check for petitioner's brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se petitioner)(CCB)
August 3, 2018	Filing 163 MEMORANDUM AND ORDER - that Petitioner's "Second Motion to Expand the Record" (filing no. 162 ) is granted as set forth in this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
June 26, 2018	Filing 157 MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Expand the Record (filing no. 155 ) is granted in part and denied in part as set forth in this Memorandum and Order. The court will consider the materials attached to Petitioner's mot ion to the extent they are relevant to the claims presented in his habeas petition and specifically referenced in any brief Petitioner files. Petitioner's Motion for Extension of Time (filing no. 156 ) is granted. Petitioner shall have until Ju ly 26, 2018, to file and serve a brief in response to Respondents' Answer and Brief in Support. No further extensions will be granted absent good cause. No later than 30 days after Petitioners brief is filed, Respondents must file and serve a re ply brief. In the event that Respondents elect not to file a reply brief, they should inform the court by filing a notice stating that they will not file a reply brief and that the merits of the petition are therefore fully submitted for decision. Th e clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 26, 2018: check for Petitioners brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 19, 2018	Filing 152 MEMORANDUM AND ORDER - that Petitioner's Motion for Reconsideration (filing no. 151 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
March 23, 2018	Filing 150 MEMORANDUM and ORDER that Petitioner's Motion for Stay and Abeyance (Filing No. 147 ) and Motion to Compel (Filing No. 148 ) are denied. Petitioner's Motion for an Extension of Time (Filing No. 149 ) is granted. Petitioner shall have u ntil April 23, 2018, to file and serve a brief in response to Respondents' Answer and Brief in Support. Petitioner shall submit no other documents unless directed to do so by the court. No later than 30 days after Petitioner's brief is fil ed, Respondents must file and serve a reply brief. In the event that Respondents elect not to file reply brief, they should inform the court by filing a notice stating that they will not file a reply brief and that the merits of the petition are ther efore fully submitted for decision. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 23, 2018: check for Petitioners brief in response to answer and brief.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MLF)
March 8, 2018	Filing 146 MEMORANDUM AND ORDER - Petitioner's Objection (Filing No. 145 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
February 6, 2018	Filing 142 MEMORANDUM AND ORDER - Petitioner's Motion for Leave to File a Third Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Filing No. 141 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
December 1, 2017	Filing 138 MEMORANDUM AND ORDER - Petitioner's Objection (Filing No. 137 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 9, 2017	Filing 136 MEMORANDUM AND ORDER - Petitioner's Objection Motion (Filing No. 135 ) is granted. Petitioner's claims are amended to include Claim One, subparts (36) through (39) and Claim Two, subpart (13) as set forth in this Memorandum and Order. Resp ondents shall respond to Petitioner's claims as set forth in this Memorandum and Order. Respondents shall have until December 11, 2017, to file their answer and initial brief. The clerk's office is directed to set the following case management deadline: December 11, 2017: check for Respondents' answer and initial brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 16, 2017	Filing 132 MEMORANDUM AND ORDER - Petitioner's claims are amended to include Claim Seven as set forth in this Memorandum and Order. In addition to Petitioner's claims as set forth in Filing No. 128 and Filing No. 130 , Respondents shall respond to the actual innocence claim in Claim Seven and address whether such claim defeats any procedural default as Petitioner alleges. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 23, 2017	Filing 130 MEMORANDUM AND ORDER - that: Petitioner's claims are amended to include Claim Two, subpart (12) as set forth in this Memorandum and Order. Respondents shall respond to Claim Two, subpart (12) in addition to Petitioner's claims as set forth in Filing No. 128 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 7, 2017	Filing 128 MEMORANDUM AND ORDER - Upon initial review of the amended habeas corpus petition (Filing No. 127 ), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in f ederal court with the exception of Claim Five. Claim Five is dismissed. By October 23, 2017, Respondents must file a motion for summary judgment or answer. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 23, 2017: deadline for Respondents to file motion for summary judgment or answer and separate brief. The court understands that Respondents have filed all state court records in this matter. (See Filing Nos. 9 - 13 , [31 ], 109 .) In the event that Respondents' designation of state court records is deemed insufficient by Petitioner, Petitioner may file a motion with the court requesting additional documents. Such motion must set forth the documents requested an d the reasons the documents are relevant to the cognizable claims. The clerk of the court is directed to send Filing No. 109 ("Amended Designation of State Court Records in Support of Amended Answer") to Petitioner without the attachments . 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party with filing 109 ) (KLF)
April 7, 2017	Filing 122 MEMORANDUM AND ORDER - Petitioner shall file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief by June 6, 2017. Petitioner is warned that the amended petition will supersede, not supplement, all of his p revious petitions. Failure to file an amended petition within the time set by the court will result in dismissal of this matter without further notice to Petitioner. Following the filing of the amended petition, the court will enter a new order progr essing this matter to disposition. Petitioner's "Motion for Reconsideration" (Filing No. 113 ) and "Motion to Dismiss" counsel (Filing No. 119 ) are denied as moot. The clerk's office is directed to set the following case management deadline: June 6, 2017: check for Amended Petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
March 27, 2017	Filing 120 ORDER granting 117 Motion to Withdraw Michael D. Gooch as Attorney. Mr. Gooch is deemed withdrawn. The petitioner, William C. Floyd Jr., is considered proceeding pro se and defense counsel may now communicate directly with the petitioner. Thi s case is reassigned to the Pro Se docket for judicial supervision and remains assigned to Senior District Judge Joseph F. Bataillon for disposition. This case is referred to the Pro Se docket for re-progression. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
February 9, 2017	Filing 112 ORDER - IT IS ORDERED: Petitioner's objection (Filing No. 108 ), to the Magistrate Judge's order to strike (Filing No. 107) is overruled. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to petitioner)(TCL)
February 9, 2016	Filing 92 ORDER granting the petitioner's 91 Motion to Extend pleading and other dates. The petitioner shall have to on or before April 29, 2016, to file an amended petition. The respondent shall have thirty days thereafter to file an answer and al l relevant designated state court records. After the respondent files an answer, the petitioner shall have forty-five days to file an opening brief. The respondent shall have forty-five days thereafter to file a responsive brief. The petitioner shall have thirty days thereafter to file a reply brief. Amended Complaint due by 4/29/2016. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(MKR)
July 8, 2015	Filing 81 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Floyd's Motion to Appoint Counsel (Filing No. 80 ) is granted. Michael Gooch is appointed to represent Floyd in accordance with 18 U.S.C. § 3006A(a)(2)(B). Michael Gooch is directed to promptly enter his appearance as counsel in this case. No later than August 7, 2015, counsel for Respondent and Michael Gooch shall confer and file a joint motion suggesting a suitable progression of this case. The court will enter an order pro gressing this case to disposition following the filing of the joint motion. The Federal Public Defender is directed to provide Michael Gooch with a CJA voucher in his capacity as administrator of the Criminal Justice Act panel. The clerk of the court is directed to send a copy of this order to Michael Gooch, Federal Public Defender, and all other parties who receive notice of filings in this case. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed)(TCL )
July 2, 2014	Filing 55 MEMORANDUM AND ORDER- The Petitioner's 54 Objection to Memorandum and Order, is overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
June 26, 2014	Filing 53 MEMORANDUM AND ORDER- By July 10, 2014, Respondent shall show good cause or excusable neglect for his failure to once again comply with this court's orders. (See Memorandum and Order dated January 27, 2014, ordering Respondent to show good cau se or excusable neglect for failure to comply with courts orders.) Failure to do so may result in sanctions. Also by July 10, 2014, as previously ordered, Respondent shall file and serve a brief in response to Petitioners actual-innocence claim, w hich Petitioner raised in Filing Number 49 . As set forth in the court's Text Order dated May 28, 2014, no later than 60 days following the filing of Respondent's brief, Petitioner shall file and serve a reply brief that addresses the matters set forth by Respondent in his Brief dated March 3, 2014, and also the matters set forth in the brief Respondent will serve in response to Petitioners actual-innocence claim. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/10/2014: Deadline for Respondent to show good cause and filebrief.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
March 26, 2014	Filing 42 STRICKEN-MEMORANDUM AND ORDER - The court has been advised that the parties in the above-captioned matter have settled their claims. Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismiss al (or other dispositive stipulation) with the clerk of the court, together with submitting to the trial judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the l ike) may be dismissed without further notice. The clerk shall terminate the pretrial and trial settings for this case. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(MKR) Modified on 3/26/2014 to strike per order 43(MKR).
March 25, 2014	Filing 40 ORDER - Petitioner's Motion for Copies (filing no. 38 ), and Petitioner's Motion to Compel, which the court liberally construes as another Motion for Copies (filing no. 37 ), are denied. The clerk's office is directed to send Petitioner a copy of the docket sheet in this case. Petitioner's Motion to Appoint Counsel (filing no. 34 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
February 26, 2014	Filing 33 MEMORANDUM AND ORDER - Petitioner's Motion for Default Judgment (filing no. 26 ) is denied. Petitioner's Motion to Compel (filing no. 27 ) and Motion for Additional Documents (filing no. 30 ) are denied without prejudice to reassertion. Petitioner's Motions for Enlargement of Time (filing nos. 28 and 32 ) are granted. Petitioner shall have until April 7, 2014, to file a response to Respondent's Brief. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
January 27, 2014	Filing 22 MEMORANDUM AND ORDER - Petitioner's Objections (filing nos. 14 and 19 ) and Motion for Default (filing no. 20 ) are denied in accordance with this Memorandum and Order. By February 21, 2014, Respondent shall show good cause or excusable neglect for his failure to comply with this courts orders. By February 21, 2014, Respondent shall file an answer and initial brief. Respondents failure to comply with this Memorandum and Order could result in sanctions, including the potential re lease of Petitioner. ( Pro Se Case Management Deadline set for 2/21/2014: check for Respondent's showing of good cause and excusable neglect, Respondent's answer, and Respondent's initial brief). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
July 16, 2013	Filing 6 MEMORANDUM AND ORDER- Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that Petitioners claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. The Clerk of the court i s directed to mail copies of this Memorandum and Order and the Petition to Respondent and the Nebraska Attorney General by regular first-class mail. By August 29, 2013, Respondent shall file a motion for summary judgment or state court records in support of an answer. No later than 30 days after the filing of Petitioners brief, Respondent shall file and serve a reply brief. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Se ptember 29, 2013: check for Respondent to file answer and separate brief. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/29/2013: deadline for Respondent to file state court records in supportof answer or motion for summary judgment) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)

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Petitioner: William C. Floyd, Jr.
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Respondent: Robert P. Houston
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Interested party: Nebraska Attorney General
Represented By:	Jon C. Bruning
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