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01-3013 - Akins v. Kenney


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01-3013 - Akins v. Kenney
June 9, 2005
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MEMORANDUM AND ORDER regarding: Opinion (Copy) of USCA54. By July 25, 2005, each party shall submit a brief addressing all of the issues set forth above;If either party's brief refers to part of the record, the respondent shall make that part of the record available to the court; If the petitioner lacks a copy of any part of the record cited by the respondent, the petitioner shall file a motion specifying precisely which such document(s) he lacks; Any party who wishes to reply to the other party's brief may do so by August 15, 2005; Each party may request one extension of time, if needed. Case Management Deadline (Reply Brief) set for 8/15/2005. Signed by Judge Richard G. Kopf on 6/9/2005. (JAR)
August 2, 2005
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ORDER granting 60 Motion to Extend Time to file Respondent's response. The respondent requests an extension of time in which to respond to the pending court order (filing no. 55). Upon review of the record, I will grant the motion, and the respondent shall have until August 11, 2005. Signed by Magistrate Judge F. A. Gossett on 8/2/2005. (JAR)
March 14, 2006
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MEMORANDUM AND ORDER regarding: Mandate/Judgment from USCA 8th Circuit58. THEREFORE IT IS ORDERED: 1. That this case is stayed and held in abeyance so that the petitioner may return to state court to complete exhaustion of his unexhausted claims, followed by a return to this court, if necessary, to complete this litigation; 2. That the stay of this matter is conditioned upon the petitioner's return to state court within 30 days of the date of this Memorandum and Order to initiate a post-conviction proceeding as to all of his claims; 3. That the stay of this matter is also conditioned upon the petitioner's return to this court within 30 days of completing exhaustion through the Nebraska Supreme Court; 4. That the petitioner shall file a status report in this case by April 28, 2006, indicating the status of his state-court post-conviction filing, and I may order subsequent status reports while the stay of this matter remains in effect; 5. That the petitioner must notify this court of any change in his address while this case is pending or stayed; and 6. That pursuant to Fed. R. Civ. P. 54(b), this decision is not a final and appealable order until after entry of judgment adjudicating all the claims and rights of the parties. Status Report due by 4/28/2006. Signed by Judge Richard G. Kopf on 3/14/2006. (JAR)
April 28, 2006
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MEMORANDUM AND ORDER regarding: Status Report64 filed by Samar Akins. THEREFORE, IT IS ORDERED: 1. That the stay of this matter remains in effect pending the petitioner's exhaustion of his state court remedies; 2. That the petitioner has appropriately filed his first status report regarding hisprogress in the state courts; and 3. That by August 25, 2006, the petitioner shall file his second status report briefly informing this court as to the status of his state-court proceedings at that time. Status Report due by 8/25/2006. Signed by Judge Richard G. Kopf on 4/28/2006. (JAR)
August 10, 2006
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MEMORANDUM AND ORDER regarding: Status Report66 filed by Samar Akins. THEREFORE, IT IS ORDERED: 1. That the stay of this matter remains in effect pending the petitioner's exhaustion of his state court remedies; 2. That the petitioner has appropriately filed his second status report regarding his progress in the state courts; and 3. That by December 15, 2006, the petitioner shall file his third status report briefly informing this court as to the status of his state-court proceedings at that time. Signed by Judge Richard G. Kopf on 8/10/2006. (JAR)
December 18, 2006
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MEMORANDUM AND ORDER that the stay of this matter remains in effect pending the petitioner's exhaustion of his state court remedies. The petitioner has appropriately filed his third status report regarding his progress in the state courts. By April 16, 2007, the petitioner shall file his fourth status report briefly informing this court as to the status of his state-court proceedings at that time. The petitioner shall, of course, return to this court sooner if all state court proceedings (including state Supreme Court review) end before that date. Status Report due by 4/16/2007. Ordered by Judge Richard G. Kopf. (JAE, )
April 9, 2007
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED: 1. That the stay of this matter remains in effect; 2. That by the earlier of (a) the conclusion of postconviction review by the highest state court or (b) August 16, 2007, the petitioner and the respondent shall file a status report (i) informing this court as to the status of the state-court proceedings at that time; (ii) estimating when this federal case will be ready for further progression and (iii) whether the stay should be lifted; 3. That the petitioner and the respondent must file a status report in this court as soon as state court proceedings (including state Supreme Court review) end, even if the petitioner decides to seek certiorari in the U.S. Supreme Court. 4. My chambers shall call this case to my attention on August 20, 2007. 5. The petitioner and the respondent shall make careful note of this order. ***Set/Reset All Deadlines: Status Report due by 8/20/2007.Ordered by Judge Richard G. Kopf. (Copy mailed to petitioner.)(JAR)
July 3, 2007
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GENERAL ORDER 2007-09 concerning the management of pro se cases including supervision of pro se staff attorneys. Except for motions filed under 28 U.S.C. ยง 2255 and except for death penalty cases, Judge Kopf is assigned the overall responsibility for the management of pro se cases in the District of Nebraska and all previously filed pro se cases referred to Magistrate Judge Gossett or Magistrate Judge Thalken are herewith reassigned to Magistrate Judge Piester. The clerk's office shall file this order in each pending case referred to the Pro Se Docket in CM/ECF. Ordered by Judge Joseph F. Bataillon. (JSF)
February 6, 2008
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STRICKEN - MEMORANDUM AND ORDER regarding Petition1. I find and conclude that Akins is not entitled to relief on any of the grounds he asserts, no matter how one looks at them. They all lack merit. IT IS ORDERED that: 1. The petition for habeas corpus is denied with prejudice. A separate judgment will be entered. 2. The respondent's motion for summary judgment (filing 80) is granted and the petitioner's motion to deny respondent's motion for summary judgment (filing 87) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB) Modified on 2/7/2008 to add "stricken" text pursuant to Order91. (JAB)
February 7, 2008
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AMENDED MEMORANDUM AND ORDER regarding Petition 1. I find and conclude that Akins is not entitled to relief on any of the grounds he asserts, no matter how one looks at them. They all lack merit. IT IS ORDERED that: 1. The petition for habeas corpus is denied with prejudice. A separate judgment will be entered. 2. The respondent's motion for summary judgment (filing 80) is granted and the petitioner's motion to deny respondent's motion for summary judgment (filing 87) is denied. ***The amended memorandum and order corrects footnote 43 by striking the internal reference to footnote 41 and inserting footnote 45.*** Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB) Modified on 2/7/2008 to add text regarding amendment. (JAB)
February 28, 2008
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MEMORANDUM AND ORDER The petitioner's motion for a certificate of appealability (filing 95) is denied, and a certificate of appealability shall not issue in this case. The petitioner's motion to proceed in forma pauperis on appeal (filing 96) is granted. The Clerk of the Court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG, )