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06-3163 - Bartunek v. Houston


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06-3163 - Bartunek v. Houston
July 13, 2006
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ORDER - The petitioner's Motion for leave to proceed in forma pauperis 2 is granted; and the Petitioner is excused from paying the filing fee. Signed by Magistrate Judge F. A. Gossett on 7/13/2006. (KBJ)
August 28, 2006
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HABEAS ORDER ON INITIAL REVIEW - Respondent shall answer or otherwise respond by 9/28/06. Clerk shall send a copy of the Petition for writ of habeas corpus to Respondent Robert Houston and the Nebraska Attorney General. Ordered by Magistrate Judge F. A. Gossett - (copies as directed) (KBJ)
November 17, 2006
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ORDER - Upon review of the record, the factors do not indicate a present need for the appointment of counsel. Accordingly, for the foregoing reasons mentioned in the order, the petitioner's Motion for Appointment of Counsel 10 is denied at this time, subject to sua sponte reconsideration if an evidentiary hearing is held in this case. Ordered by Judge F. A. Gossett.(PCV, )
November 22, 2006
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IT IS ORDERED: that the petitioner's fourth through seventh habeas corpus claims, relating to errors and defects in state postconviction proceedings, are dismissed sua sponte; that by December 29, 2006, each party shall file a brief on the issues discussed; that by January 29, 2007, each party shall file a brief in response to the other party's brief; 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 state court record and the briefs. Case Management Deadline set for 1/29/2007 regarding the briefing schedule.Ordered by Judge Joseph F. Bataillon. (PCV, )
January 3, 2007
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ORDER granting petitioner's 13 14 Motions to Extend Time; granting 15 respondent's Motion for Extension of Time; the petitioner may have all the time he needs to present his initial brief (within reason). However, if his initial brief has not been filed by June 1, 2007, the petitioner shall file a status report by that date estimating for the benefit of the court how much longer he estimates, at that time, he will need to file his intial brief. Attorney for the respondent shall submit her initial brief on or before March 1, 2007. Initial briefs shall be filed sequentially: the respondent by March 1, 2007; the petitioner by June 1, 2007, or, instead, he may file a status report by that date. After the close of initial briefing, each party shall have thirty days to reply, unless further extensions are granted. Ordered by Judge Joseph F. Bataillon.(PCV, )
March 19, 2007
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ORDER regarding 17 Motion to Appoint Counsel; within twenty (20) days of the date of this Order, the respondent shall file acopy of the applicable DCS and/or institutional policy; and within twenty (20) days of the date of this Order, the respondent shall specifically answer in a written response to this Order the following questions regarding its legal aide program. Ordered by Judge Joseph F. Bataillon.(ADB)
June 5, 2007
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ORDER denying 17 Motion to Appoint Counsel Ordered by Judge Joseph F. Bataillon.(TJS)
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 Chief Judge Bataillon. (JAE, )
August 31, 2007
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MEMORANDUM AND ORDER- The plaintiff's motions to extend time for filing brief 23 and 24 are granted. Plaintiff shall have 60 days from the date of this order to file his brief. In the event that Plaintiff needs additional time to file his brief, he shall file a motion setting forth the reasons he cannot comply with this deadline. October 30, 2007: deadline for plaintiff to file brief. Ordered by Judge Joseph F. Bataillon. (KBJ)
September 18, 2007
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ORDER granting 26 Motion to Withdraw Susan Gustafson as Attorney for respondent. Ordered by Judge Joseph F. Bataillon.(ADB)
March 27, 2008
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MEMORANDUM AND ORDER - Petitioner Dwight Bartunek's Petition for Writ of Habeas Corpus 1 is denied in all respects and this action is dismissed with prejudice. A separate judgment will be entered in accordance with thisMemorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KBJ)
July 2, 2008
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MEMORANDUM AND ORDER denying as moot 40 Motion for Leave. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB )