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05-3021 - Bao v. Houston


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05-3021 - Bao v. Houston
May 26, 2005
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ORDER denying 18 Motion to Appoint Counsel. However, appointment of counsel will be reconsidered sua sponte in the event an evidentiary hearing is held in this case. Signed by Magistrate Judge F. A. Gossett on 5/26/2005. (JAR)
July 26, 2005
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MEMORANDUM AND ORDER denying 10and 19 Motion for Summary Judgment, denying 21 Motion for Default Judgment; that the petitioner's Section 2254 Claims No. 2, 3, 4, 5 and 6 are dismissed with prejudice for the reasons set forth in this Memorandum and Order; that by August 31, 2005, the petitioner shall file a brief in support of his remaining Section 2254 claim, i.e., Claim No. 1, in light of the standard of review set forth in 28 U.S.C. Section 2254(d); that by September 30, 2005, the respondent shall file a brief in response to the petitioner's brief; that by October 14, 2005, the petitioner may, but is not required to, file areply 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 Laurie Smith Camp on 7/26/2005. (CJP) Modified on 7/26/2005 to add memorandum (CJP).
April 7, 2006
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MEMORANDUM AND ORDER that filing 26, the petitioner's Motion to Expand the Record, is granted and by May 8, 2006, the respondent shall file with the court, the Bill of Exceptions and all trial exhibits, witness lists, briefs and other materials submitted during the petitioner's trial; the petitioner's Motion for leave to supplement Habeas Petition pleading 27 is granted, and the documents attached to filing 27 are accepted for filing and are made part of the record of this case instanter; that even if there is some duplication of documentation involved in filings 26 and 27, the respondent shall produce the entire Bill of Exceptions for the petitioner's trial as requested by the petitioner in filing 26, and so as to assist the court in considering the issues presented in this habeas corpus case. Case Management Deadline set for 5/8/2006. Signed by Judge Laurie Smith Camp on 4/7/2006. (MKR, )
April 16, 2007
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ORDER -The Petition for Writ of Habeas Corpus filed by Linh Bao is denied and dismissed with prejudice; and that judgment will be entered accordingly. Ordered by Judge Laurie Smith Camp. (MKR)
May 7, 2007
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MEMORANDUM AND ORDER (appeal) granting 39 Motion for Leave to Appeal in forma pauperis. Petitioner's Motion for a Certificate of Appealability 38 is denied, but the petitioner may still seek a Certificate of Appealability from the 8th Circuit Court of Appeals. The Clerk shall provide a copy of this Memorandum and Order to the parties and the 8th Circuit Court of Appeals, and the Clerk shall process this appeal to the 8th Circuit. Ordered by Judge Laurie Smith Camp. COPIES MAILED (JSF)
October 9, 2008
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MEMORANDUM AND ORDER - On the court's own motion: The State Court Records filed as attachments to filing No. 30 (10 volumes of trial testimony), be returned to James D. Smith, counsel for Respondent, for appropriate disposition. The State Court Records may be picked up in Lincoln, Nebraska. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)