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04-3292 - Silva v. Houston


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04-3292 - Silva v. Houston
April 27, 2005
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ORDER granting petitioner's 27 Motion to Extend Time in which to obtain affidavits in response to respondent's MOTION for Summary Judgment 22. The petitioner shall have until May 27th, 2005 to file the documents. Signed by Magistrate Judge F. A. Gossett on 4/27/2005. (CS, )
July 28, 2005
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MEMORANDUM AND ORDER - That filing no. 22, the respondent's Motion for Summary Judgment, is denied; That filing no. 29, the petitioner'S Motion for Extension of Time to ObtainAffidavits in Response to Motion for Summary Judgment, is granted, and the petitioner's Affidavit filing no. 31 is accepted for filing instanter;That by August 25, 2005, each party shall file a brief addressing, in additionto any other matter the party may wish to raise, (a) the merits of the petitioner's 2254 claim, (b) the respondent's affirmative defenses, and (c) the specific issues assigned to that party in this Memorandum and Order;That by September 20, 2005, each party shall file a brief in response to theother party's brief; and That unless the court orders an evidentiary hearing, expansion of the record, or additional briefs, this matter will be deemed submitted at the close of this briefing schedule on the basis of the pleadings, the record and the briefs. Signed by Judge Joseph F. Bataillon on 7/28/2005. (TJS)
December 5, 2005
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ORDER - The Motions to Extend time to file response brief and affidavit 37 and 38 are both granted. The Petitioner shall have until December 30, 2005 to file his reply brief and affidavit. Signed by Magistrate Judge F. A. Gossett on 12/5/2005. (KBJ)
March 17, 2006
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ORDER - The petitioner's motion for an extension of time 40 is granted. The petitioner's affidavit 41 received on 1/24/06 will be deemed as timely filed. Signed by Magistrate Judge F. A. Gossett on 3/17/2006. (KBJ)
April 28, 2006
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MEMORANDUM AND ORDER - This matter is before the court sua sponte. By no later than May 4, 2006, the respondent shall file with the court's CM/ECF system a copy of the brief submitted by Robert J. Parker, Special Prosecutor for the State of Nebraska, to the Honorable Terri S. Harder, Adams County District Judge. The brief or "written argument" in question is referenced in Judge Harder's Order filed February 5, 2002 (attachment to filing no. 21-14 in the above-entitled case). If Mr. Parker filed any other pleadings, motions or briefs in the petitioner's postconviction proceedings, the respondent shall also file those by May 4, 2006. Signed by Judge Joseph F. Bataillon on 4/28/2006. (KBJ)
February 7, 2007
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MEMORANDUM AND ORDER - THEREFORE IT IS ORDERED THAT: 1. The petitioner's Motion for Appointment of Counsel 45 is granted. 2. David R. Stickman, Esq., the Federal Public Defender for the District of Nebraska, is appointed to represent the petitioner in this matter. Mr. Stickman shall both enter an appearance and confer with the petitioner by mail or telephone within fifteen (15) days of the date of this order. 3. Petitioner's previous attorney has been suspended from the practice of law and is disqualified from representing the petitioner in further proceedings in this court. The Clerk of Court shall send both attorneys a copy of this order and then shall remove the previous attorney from the mailing list for this case. 4. A status conference with counsel is scheduled for the 2nd day of March, 2007, at 10:00 a.m., in the chambers of the undersigned judge, Suite 3259, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The petitioner will not be present at the conference. 5. The Clerk of Court is directed to send a copy of this Memorandum and Order to the Chief Justice of the Nebraska Supreme Court. Ordered by Judge Joseph F. Bataillon. - (COPIES AS DIRECTED)(KBJ)
April 13, 2007
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MEMORANDUM AND ORDER denying 48 Motion for Reconsideration or to Vacate; granting 52 Motion to Substitute Party. The Clerk of Court is directed to update the court's records to reflect the substitution of Robert Houston as the respondent in this action. This action is referred to the magistrate for expedited progression. Robert Houston added as respondent and Harold W. Clarke terminated. Ordered by Judge Joseph F. Bataillon.(PCV, )
May 9, 2007
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MEMORANDUM AND ORDER - IT IS ORDERED: 1. The State's motion for reconsideration or to vacate is denied. 2. Petitioner's unopposed motion to substitute party is granted. The Clerk of Court is directed to update the court's records to reflect the substitution of Robert Houston as the respondent in this action. 3. This action is referred to the magistrate for expedited progression. Ordered by Judge Joseph F. Bataillon. (KBJ)
June 20, 2007
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ORDER. A telephone conference before the undersigned magistrate judge is set for Friday, July 6, 2007 at 10:00 A.M., for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall initiate the call to the court at 402-661-7340. (At the request of the parties, the conference may be held in chambers).Ordered by Magistrate Judge F. A. Gossett. (ARL,)
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)
July 6, 2007
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ORDER - The petitioner shall file on or before July 11, 2007, a brief on the merits. The respondent shall file a response brief thirty (30) days from the date petitioner's brief is filed. The petitioner's reply brief is due seven (7) days from the date the respondent's brief is filed. Ordered by Magistrate Judge F. A. Gossett. (JAE, )
September 4, 2007
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ORDER granting 66 Motion to Withdraw as Attorney. Susan J. Gustafson is given leave to withdraw as counsel for the Respondent. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
January 24, 2008
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MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus1 and Amended Petition for Writ of Habeas Corpus53 filed by Calvin R. Silva is granted. A judgment in conformity with this opinion will issue this date. Ordered by Chief Judge Joseph F. Bataillon. (JAE, )
February 5, 2008
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MEMORANDUM AND ORDER denying 70 Respondent's Motion to Stay Order of Release; defendant ordered to report to the Supervision Unit of U.S. Probation Office for the District of Nebraska as directed upon release from state confinement. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )