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06-3057 - Rodriguez v. Houston et al


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06-3057 - Rodriguez v. Houston et al
April 10, 2006
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ORDER granting 2 from this time forward the petitioner's Motion for Leave to Proceed in forma pauperis; The clerk of court shall mail copies of the 2254 petition to the respondent and to the Nebraska Attorney General by regular first-class mail; the respondent shall file an answer to the 2254 petition by May 11, 2006 on the merits of the claims and any affirmative defenses; the respondent shall address whether the 2254 petition is timely in light of the statute of limitations codified at 28 U.S.C. 2244(d); the respondent shall also file with the court and serve the petitioner a pleading entitled Designation of Relevant State Court Records; That all records listed in the respondent's designation of relevant State Court Records shall be filed with the court at the time Designation of Relevant State Court Records, that whether the respondent files an answer or a motion for summary judgmnet, the petitioner may reply within 30 days therafter. Signed by Magistrate Judge F. A. Gossett on 4/10/2006. COPIES MAILED AS DIRECTED. (MKR, )
May 15, 2006
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ORDER (HABEAS CORPUS) denying 3 Motion to Appoint Counsel. Signed by Magistrate Judge F. A. Gossett on 5/15/2006. (JSF)
May 30, 2006
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MEMORANDUM AND ORDER denying 9 Motion to Dismiss. By 6/28/06 the respondent shall file an answer to the 2254 petition. By 6/28/06, the respondent shall alsofile with the Court and serve on the petitioner a pleading entitled Designation of Relevant State Court Records; if the petitioner lacks any of the designated records or if he believes that additional records should be designated, he may file a motion with the Court. All records listed in the respondent's Designation of Relevant State Court Records shall be filed with the Court at the time the Designation of Relevant State Court Records is filed. By 7/28/06 the petitioner shall file a reply to the respondent's answer. Signed by Judge Lyle E. Strom on 5/30/2006. (JSF)
December 5, 2006
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MEMORANDUM AND ORDER - This action is stayed 21 so that the petitioner may return to state court to complete exhaustion of his unexhausted claim, followed by a return to this Court, if necessary, to complete this litigation. The petitioner shall file a status report in this case by March 30, 2007. If the petitioner returns to this Court, he must do so within thirty (30) days of the final judgment or order by the Nebraska Supreme Court in the petitioner's second post-conviction proceeding state courts. Petitioner's motion to strike 14 the respondent's motion to dismiss is denied as moot. Petitioner's motion for sanctions 17 is denied as moot. Petitioner's motion to compel is denied as moot, without prejudice to reassertion if the petitioner returns to this Court and the stay of this action is dissolved after the petitioner's completion of exhaustion in the state courts. Ordered by Judge Lyle E. Strom.(JAE, ). Petitioner's Motion to Compel 22 the respondent to produce documents, is denied as moot, without prejudice to reassertion if the petitioner returns to this Court and the stay of this action is dissolved after completion of exhaustion in the
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)
October 4, 2007
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MEMORANDUM AND ORDER - The petitioner's motion to show cause 26 is granted. On or before October 15, 2007, the respondent shall either file the Bill of Exceptions of the trial held on April 16-18, 2002, and of the sentencing hearing held on September 26, 2002, or file a statement explaining why these documents cannot be filed. The Clerk of the Court is directed to set a pro se case management deadline in this case using the following text: October 15, 2007deadline for responding to the court's show cause order. Pro Se Case Management Deadlines: Pro Se Case Management Deadline set for 10/15/2007 for responding to the court's show cause order. Ordered by Judge Lyle E. Strom. Copy mailed to petitioner. (JAE, )
October 29, 2007
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MEMORANDUM OPINION denying 30 Motion to Compel and dismissing the petition for writ of habeas corpus. Ordered by Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)
January 8, 2008
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MEMORANDUM AND ORDER - Petitioner's motion for leave to appeal in formapauperis 36 is granted. Petitioner's motion for certificate ofappealability 37 is denied without prejudice to reassertion before the Eighth Circuit. The Clerk of the court shall provide the Court ofAppeals with a copy of this memorandum and order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE, )