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06-3073 - Cash v. Houston et al


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06-3073 - Cash v. Houston et al
April 4, 2006
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ORDER ON INITIAL REVIEW - The petitioner's filing fee has been paid, the petitioner's Motion (Application) to Proceed IFP 2 is provisionally granted pending review of the Prisoner Trust Account information that was previously requested. The clerk of the court shall mail a copy of the 2254 Petition to the respondent. The respondent shall file an Answer to the petitioner's 2254 motion on or before 5/11/06. Whether the respondent files an answer or a motion for summary judgment, the respondent shall also file with the court and serve on the petitioner a pleading entitled Designation of Relevant State Court Records. Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge F. A. Gossett on 4/4/2006. - (clerk has done as directed) (KBJ)
May 15, 2006
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ORDER denying 8 Motion to Appoint Counsel. However, appointment of counsel will be reconsidered sua sponte in the eventan evidentiary hearing is held in this case. Signed by Magistrate Judge F. A. Gossett on 5/15/2006. (ADB)
August 23, 2006
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MEMORANDUM AND ORDER - By 9/18/06, the petitioner shall file a clear and legible list of documents believed to exist, not already in his possession, and for which he wants a copy (each document shall be described in as much detail as possible); That by 9/29/06, the respondent shall inform the court of thestatus of each document on the petitioner's list; if a document is in the record, the respondent shall state where it is located in the record; if not in the record, the respondent shall state approximately when it will be delivered to the court; if unable for whatever reason to be obtained, the respondent shall so state and give a reason; The court will copy the records for the petitioner; and the AMENDED PETITION (MOTION) for production of documents 17, NOTICE of Extra Documents for Amendment regarding State Court Records 18, RESPONSE regarding MOTION for production of documents 20, and Objection 22 are granted in part and denied in part as set forth above. Ordered by Magistrate Judge F. A. Gossett (KBJ)
September 15, 2006
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ORDER regarding Response 25 and Order regarding Motion for Miscellaneous Relief, 24; IT IS THEREFORE ORDERED: by September 29, 2006, the Clerk of Court shall copy and send to the petitioner, without cost, the following attachments to filing no. 13, the respondent's Designation of Relevant State Court Records: Attachments 12, 25, 26, 27, 28, 29, 30, 31, 32,33 and 34; that if the petitioner wishes to pursue the matter of the transcript of the telephone conference held in March of 2002, he must explain: (a) why is the transcript important, in other words, for what reason(s), would the transcript be offered in this habeas action; (b) why did the petitioner fail to develop the record, i.e., ask for a copy of the transcript in the state court proceedings; and (c) what prejudice is the petitioner exposed to in the absence of the trancript; the petitioner shall have until September 29, 2006 to make that showing unless a timely motion for extension of time is granted.Ordered by Magistrate Judge F. A. Gossett. (PCV, ) (copy of order sent to plaintiff)
January 25, 2007
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MEMORANDUM AND ORDER - Upon review of the record, the above factors do not indicate a present need for the appointment of counsel. Accordingly, for the foregoing reasons, the petitioner's Motion for Appointment of Counsel 21 is denied at this time, subject to sua sponte reconsideration in the future, particularly if an evidentiary hearing is held in this case. Ordered by Magistrate Judge F. A. Gossett. (KBJ)
May 31, 2007
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MEMORANDUM AND ORDER granting 30 Motion to Amend; granting 31 Motion for Information. The claims listed in filing no. 30 shall be considered part of the petitioner's habeas corpus petition, as amended. The respondent shall now have thirty (30) days from the date of this Order to file an Answer to the additional claims asserted in filing no. 30. In his Motion for Information, the petitioner inquires whether his Objection to the State's Response has been received and docketed. The document has been received and has been docketed as filing no. 22. The Clerk of Court shall send the plaintiff a docket sheet without charge. Ordered by Judge Joseph F. Bataillon. Copy of this order and docket sheet mailed as directed. (JAE, )
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)
August 31, 2007
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MEMORANDUM AND ORDER - The plaintiff's Motion to Withdraw Document 33 is denied. Ordered by Judge Joseph F. Bataillon. (KBJ)
September 18, 2007
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ORDER granting 40 Motion to Withdraw Susan Gustafson as Attorney for respondent. Ordered by Judge Joseph F. Bataillon.(ADB, )
September 27, 2007
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MEMORANDUM AND ORDER - This case is ready for progression. The following progression order is entered: No later than October 29, 2007, the respondent shall file a separate brief. No later than 30 days following the filing of the respondent's brief, the petitioner shall file and serve a brief in response. No later than 30 days after the filing of the petitioner's brief, the respondent shall file and serve a reply brief. The Clerk of the court is directed to set a pro se case management deadline using the following text: December 31, 2007, briefing should be complete. Ordered by Judge Joseph F. Bataillon. (KBJ)
November 15, 2007
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MEMORANDUM AND ORDER - Respondents' motion to extend progression order 45 is granted. Respondents shall have until November 26, 2007 in which to file their initial brief on the merits. No later than 30 days following the filing of Respondents' brief, Petitioner shall file and serve a brief in response. Petitioner shall submit no other documents unless directed to do so by the court. No later than 30 days after the filing of Petitioner's brief, Respondents shall file and serve a reply brief. In accordance with this memorandum and order and the extension of time granted herein, Petitioner's motion for default judgment 44 is denied. The Clerk of the court is directed to set a pro se case management deadline with the following text: January 28, 2008: Briefing on the merits should be complete. Ordered by Judge Joseph F. Bataillon. (Copies mailed to pro se party)(KBJ)
January 11, 2008
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MEMORANDUM AND ORDER denying 48 Objection. Petitioner's Brief in Response to Respondents' brief on the merits shall be filed no later than January 26, 2008. No later than 30 days after the filing of Petitioner's Response, Respondents shall file and serve a reply brief. The Clerk of the court is directed to set a pro se case management deadline with the following text: February 26, 2008: Briefing on the merits should be complete. Ordered by Chief Judge Joseph F. Bataillon. (ADB)
June 25, 2008
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MEMORANDUM AND ORDER - Petitioner Scott A. Cash's Petition for Writ of Habeas Corpus 1, as amended 7 30, is denied in all respects and this action is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE, )
August 18, 2008
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MEMORANDUM AND ORDER granting 58 Motion for Leave to Appeal in forma pauperis; granting 60 Motion to Extend. Petitioner shall have until 9/29/08 in which to file a brief in support of his motion for certificate of appealability. The clerk is directed to set a pro se case management deadline for 9/29/08: brief in support of motion for certificate of appealability due. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)