Buttercase v. Frakes
| Joseph Juan Buttercase |
| Scott R. Frakes |
| Nebraska Attorney General |
| 8:2018cv00131 |
| March 26, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| 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
126
MEMORANDUM AND ORDER - Petitioner's Amended Motion to Remove Case from Pro Se Docket, Filing No. 124 , is denied. Petitioner's Motion to Remove Case from Pro Se Docket and for Reassignment, Filing No. 121 , and Motion for Expedited Ruling , Filing No. 122 , are denied as moot. Petitioner's Motion to Compel Respondent to File Additional Records, Filing No. 112 , is denied to the extent that the Court will not require Respondent to provide additional state court records, and is g ranted to the extent that the Court will take judicial notice of and consider the additional records already provided to the Court by Petitioner. Petitioner's Continuing Objection to Respondent's Reply Brief and Motion to Strike, Filing No. 123 , is denied. Respondent's Motion to Substitute Respondent, Filing No. 125 , is granted. The Clerk's office is directed to update the Court's records to reflect that Diane Sabatka-Rine is the sole proper respondent in this action. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)
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Filing
119
ORDER - that I recuse myself from these cases and that the Clerk of the Court shall refer these matters to the Chief Judge for reassignment. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)
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Filing
107
ORDER - Petitioner's Motion for Extension of Time to Respond to Respondent's Answer (Filing 105 ) is granted in part and denied in part. Respondent's Objection to Petitioner's Motion for Extension (Filing 106 ) is granted in par t and denied in part. Petitioner shall file his responsive brief on or before August 20, 2021. Respondent may file his reply brief on or before August 30, 2021. If a reply brief is deemed unnecessary, Respondent shall advise the undersigned by filing a notice that the case is ready for submission without a reply brief. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
103
ORDER - Petitioner's Motion for Extension of Time to Respond to Respondent's Answer (Filing 102 ) is granted. Petitioner is given until July 26, 2021, to file his responsive brief. Respondent is given until August 5, 2021, to file his reply brief. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
93
ORDER - Petitioner's Motion for Extension of Time to Supplement Petitioner's Claims (Filing 89 ) is granted to the extent provided herein. Petitioner is given until April 1, 2021, to file an amended petition. If an amended petition is not filed, the matter will be resolved on the previously submitted briefs. If an amended petition is filed, Respondent shall file an answer and brief within 30 days of the submission of the amended petition. Petitioner may file a responsive brief within 30 days after submission of Respondent's answer and brief. Respondent may file a reply brief within 10 days after submission of Petitioner's brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing
91
ORDER - that the motion for extension of time to supplement Petitioner's claims (Filing 89 ) is held in abeyance. The motion to continue stay (Filing 90 ) is granted, but only to the extent that Petitioner will be given time to file a petition for writ of certiorari with the United States Supreme Court and until the Supreme Court has ruled. Upon receiving such ruling, Petitioner's counsel shall advise the undersigned and counsel for the Respondent and propose what further action, if any, is required. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
88
ORDER - that counsel for the Petitioner shall no later than July 30, 2020, advise the court and Respondent whether the claims previously set forth remain the claims to be litigated or whether there are additional claims and, if so, what those claims are. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
86
MEMORANDUM AND ORDER - that the stay of this matter will remain in affect until I am notified by the parties that the Nebraska Supreme Court has resolved Petitioner's untimely motion for rehearing and motion to make timely. At that time, the pa rties shall also advise me whether the claims set forth in Filing no. 19 remain appropriate and whether there are additional claims or other issues that need to be resolved in my future progression order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing
82
ORDER - that the Motion to Stay (Filing no. 73 ) is granted in part and denied in part. This matter is stayed until the Nebraska Supreme Court resolves State v. Buttercase, S-19-0384. Counsel for Respondent shall promptly advise the undersigned when that matter is resolved and, at that time, advise the undersigned as to whether a new progression order should be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
79
ORDER that Respondent's Motion for Extension of Time to File Brief in Response to Petitioner's Motion to Stay 78 is granted. Respondent shall file a brief, and evidence if desired, responsive to Petitioner's Motion to Stay 73 , on o r before November 18, 2019. My chambers shall calendar this matter to bring this file to my attention upon the filing of Respondent's brief. ***Pro Se Case Management Deadline set for 11/18/2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(KLL)
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Filing
77
ORDER that the Respondent's motion to extend, Filing no. 76 , is granted. Respondent is not required to file a reply brief until the undersigned has ruled on the Petitioner's motion to stay, Filing no. 73 . Respondent shall file a bri ef, and evidence if desired, responsive to Petitioner's motion to stay, Filing no. 73 , on or before Monday, October 28, 2019. My chambers shall calendar this matter to bring this file to my attention upon the filing of Respondent's brief. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
70
ORDER - that Respondent's Motion for Extension of Time to File Respondent's Reply Brief (filing no. 69 ) is granted. Respondent shall file his Reply Brief on or before September 30, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
66
ORDER - The petitioner's motion for expedited ruling (filing 65 ) is granted. The petitioner's motion to recuse (filing 64 ) is denied. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)
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Filing
63
ORDER - Petitioner's Motion for Extension of Time to File Petitioner's ResponsiveBrief (filing no. 62 ) is granted. No further extensions will be granted. Petitioner's Responsive Brief shall be filed on or before August 5, 2019. Respondent's Reply Brief shall be filed on or before September 5, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
58
MEMORANDUM AND ORDER that the Interlocutory Appeal (filing no. 50 ) and the Motion for Leave to Proceed in Forma Pauperis on appeal (filing no. 51 ) are denied. The Clerk shall provide the Clerk of the Court of Appeals with a copy of this Memorandum and order and follow its normal practice in cases such as this one. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
49
ORDER - The Petitioner's Motion for Leave to File Reply Brief (filing no. 48 ) is denied. The Petitioner is reminded that Petitioner's responsive brief shall be filed with the court on or before June 4, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
47
ORDER - Petitioner's Motion to Compel (filing no. 24 ), Objection to State Court Records (filing no. 36 ) and Motion to Withdraw Document (filing no. 44 ) are denied. Petitioner's Responsive Brief shall be filed with the court on or before June 4, 2019. Respondents' Reply Brief shall be filed with the court on or before July 5, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
45
ORDER - Respondent shall file a responsive brief to Petitioner's Motion to Withdraw Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus and for Dismissal Without Prejudice to Reassertion (Second Motion) (filing no. 44 ) on or before April 22, 2019. Petitioner's Motion for Expedited Ruling (filing no. 43 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
42
ORDER - Petitioner's Motion to Withdraw Petitioner's Motion to Withdraw Habeas Petition (filing no. 41 ) is granted. Petitioner's Motion to Withdraw Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus and For Dismissal Wit hout Prejudice (filing no. 37 ) is denied as moot. Petitioner's Motion for Extension of Time to File Petitioner's Responsive Brief (filing no. 39 ) is granted. Petitioner's Responsive Brief shall be filed with the court on or befo re June 4, 2019. Petitioner's Objection to Respondent Filing a Reply Brief (filing no. 40 ) is denied. Respondents' Reply Brief shall be filed with the court on or before July 5, 2019. Petitioner's Motion for Expedited Ruling (filing no. 38 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
31
ORDER - that Respondent's Second Motion for Extension of Time to File Respondent's Answer and Brief (filing no. 30 ) is granted. Respondent's Answer and Brief are due March 6, 2019. Petitioner's Responsive Brief is due April 5, 2019. Respondent's Reply Brief is due May 6, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
28
ORDER - The motion for extension of time to file a response to filing no. 24 (filing no. 27 ) is granted. Respondent is given until February 20, 2019, to file a response and Petitioner is given until March 4, 2019, to file a reply brief. The mo tion for extension time to file Respondent's answer and brief (filing no. 26 ) is granted. Respondent is given until February 20, 2019, to file an answer and supporting brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
25
ORDER - that Respondent shall have until January 30, 2019, to file his response to Petitioner's Motion to Compel (filing no. 24 ). Petitioner shall have until February 6, 2019, to file his reply brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
19
MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing Nos. 1 and 14 ), 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. By November 19, 2018, 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: November 19, 2018: deadline for Respondent to file state court records in support of answer or motion for summary judgment. 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. (Pro Se Case Management Deadline set for 11/19/2018 - check for Respondent's answer and separate brief.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CS)
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Filing
13
MEMORANDUM AND ORDER - that Petitioner shall clarify his petition by filing in the court file a document that is no longer than three pages stating (1) the total number of claims and (2) the page of the petition where each such claim begins. The clar ification shall not contain any argument or recitation of the facts. The clarification shall be filed1 on or before the close of business (5:00 p.m.) on Monday, September 17, 2018. Failure to provide the clarificationwithin the time specified may result in the dismissal without prejudice of the petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
10
MEMORANDUM AND ORDER - that Petitioner's Motion for Leave to Proceed IFP (filing no. 6 ) is denied as moot. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of t he Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business and will address Petitioners other pending motions at that time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
5
MEMORANDUM AND ORDER - Petitioner is directed to submit the $5.00 fee to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without furth er notice. The clerk of the court is directed to send to Petitioner the Form AO240 (Application to Proceed Without Prepayment of Fees and Affidavit). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 30, 2018: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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