Leon v. State of Nebraska et al
| Ira R. Leon |
| Michael Kenney, Diane Sabatka-Rhine and State of Nebraska |
| Nebraska Attorney General |
| 8:2014cv00016 |
| January 15, 2014 |
| 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
58
MEMORANDUM AND ORDER granting 57 Motion for Leave to Proceed in forma pauperis. The clerk's office is directed to provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to petitioner and as directed)(SLP) Modified on 9/28/2016 to add text(SLP).
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Filing
52
MEMORANDUM AND ORDER that the Petitioner's Motion for Leave to Appeal in Forma Pauperis (Filing No. 49 ) is granted. The clerk's office is directed to provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
45
MEMORANDUM AND ORDER denying the Petitioner's 44 Motion to Reopen Time to File Appeal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
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Filing
37
MEMORANDUM AND ORDER- The Notice of Appeal was not timely filed. Petitioner will not be allowed to proceed in forma pauperis on appeal. The clerk of the court is directed to send a copy of this order to the Eighth Circuit Court of Appeals Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and USCA as directed)(MKR)
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Filing
32
MEMORANDUM OPINION - In this case, Leon 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 or amended petition are debatable among reasonable jurists, that a court could resolve the issues differently, or that the issues deserve further proceedings. Accordingly, a certificate of appealability will not be issued 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)(MKR)
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Filing
31
ORDER - Respondents' Motion to Except Document from Electronic Filing (Filing No. 25 ) is denied as moot. Respondents' Motion to Restrict (Filing No. 26 ) is granted. Filing No. 28 will remain a restricted document. Petitioner's Motion for Extension of Time (Filing No. 29 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
23
ORDER - The respondents' Motion to Substitute Respondent (Filing No. 20 ) is granted. The clerk's office is directed to update its records to reflect that Scott Frakes and Diane Sabatka-Rhine are the proper respondents in this action. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
9
MEMORANDUM AND ORDER on the Petition for Writ of Habeas Corpus 8 . Upon initial review of the Amended Petition for Writ of Habeas Corpus (Filing No. 8 ), the Court preliminarily determines that petitioner's claims, as set forth in this Me morandum and Order, are potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Amended Petition for Writ of Habeas Corpus to Respondent and the Nebraska Attorney General by re gular first-class mail. By October 14, 2014, respondent shall file a motion for summary judgment or state court records in support of an answer. ( Pro Se Case Management Deadline set for 10/14/2014:deadline for respondent to file state court records in support of answer or motion for summary judgment) If respondent elects to file a motion for summary judgment, the procedures set forth within the order shall be followed by respondent and petitioner. If respondent elects to file an answer, the procedures set forth within the order shall be followed by respondent and petitioner. ( Pro Se Case Management Deadline set for 11/13/14:check for respondent to file answer and separate brief). 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 Lyle E. Strom. (Copy mailed to pro se party and as directed)(MKR)
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Filing
7
MEMORANDUM AND ORDER- Leon will have 60 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that clearly presents his claims for relief, together with the facts in support of those claims. Failure to file an amended petition for writ of habeas corpus may result in dismissal of this matter without further notice. Leon's motion for the appointment of counsel (Filing No. 4 ) is denied. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/21/2014: deadline for Leon to file an amended petition forwrit of habeas corpus) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party as directed with AO 241 form) (MKR)
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Filing
6
MEMORANDUM AND ORDER - 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 March 24, 2014. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: March 24, 2014: deadline for payment of $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )
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