Calderon Rivas
| Marlon Omar Calderon Rivas |
| Nebraska Attorney General |
| 8:2023cv00106 |
| March 20, 2023 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Pro Se Docket |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 4 RESPONSE to Memorandum and Order #3 on behalf of Petitioner Marlon Omar Calderon Rivas.(TCL) |
Filing 3
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner shall no later than May 3, 2023, voluntarily withdraw his petition if he does not want this action to proceed as one brought pursuant to 28 U.S.C. 2254. If Petitioner decides to allow this action to proceed as one brought pursuant to 28 U.S.C. 2254, he shall no later than May 3, 2023, file an amended petition for writ of habeas corpus that is originally signed under penalty of perjury. Petitioner is encouraged to use the enclosed official Form AO 241. To avoid confusion, any document Petitioner sends to the Clerk of the Court for filing in this case must clearly display the case number (8:23CV106). Petitioner is directed to submit the $5.00 fee to the Clerk's office or submit a request to proceed in forma pauperis by May 3, 2023, if he intends to pursue this matter. If Petitioner fails to respond to this order or file an amended petition, the Court will construe Petitioner's pleading as a petition filed pursuant to 28 U.S.C. 2254 and this matter will be dismissed without prejudice and without further notice to Petitioner for the deficiencies described herein. The Clerk of the Court is directed to send to Petitioner the Form AO 240 ("Application to Proceed Without Prepayment of Fees and Affidavit") and the Form AO 241 Petition for Writ of Habeas Corpus Under 28 U.S.C. 2254. The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: May 3, 2023: Check for MIFP or payment and motion to withdraw or amended petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with Forms AO240 and AO241)(TCL)
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| Filing 2 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (TCL) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by pro se petitionerMarlon Omar Calderon Rivas. (TCL) (Additional attachment(s) added on 4/14/2023: #1 Translation Letter) (TCL). Modified on 4/14/2023 to add translation letter (TCL). |
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| Petitioner: Marlon Omar Calderon Rivas | |
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| Interested party: Nebraska Attorney General | |
| Represented By: | Michael T. Hilgers |
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