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06-3208 - Arias v. Casmer et al


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06-3208 - Arias v. Casmer et al
October 19, 2006
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ORDER on INITIAL REVIEW granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall mail copies of the 2254 petition to the respondent, i.e., the petitioner's custodian (Robert Houston), and to the Nebraska Attorney General by regular first-class mail. Within twenty (20) days of the date of this Order, the respondent shall file an Answer to the 2254 petition. Ordered by Magistrate Judge F. A. Gossett. (Copies mailed as directed)(CS, )
November 17, 2006
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ORDER - In light of the foregoing principles and authorities, filing no. 7 the Objection by the petitioner, John Paul Arias, to the Order on Initial Review 6, is denied. Ordered by Magistrate Judge F. A. Gossett.(GJG, )
January 24, 2007
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ORDER ON MOTIONS - The Joint Motion to Withdraw, document 14 is granted and Linda L. Willard has no further obligations in representing the respondents. The application for appointment of counsel, document 16 is granted and the Federal Public Defender for the District of Nebraska is appointed to represent the above-named petitioner in this matter. In the event that the Federal Public Defender accepts this appointment the Federal Public Defender shall forthwith file a written appearance in this matter. In the event the Federal Public Defender should decline this appointment for reason of conflict or on the basis of the Criminal Justice Act Plan, the Federal Public Defender shall forthwith provide the court with a draft appointment order (CJA Form 20) bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district. The motion to file out of time, document 18 is granted and the respondents shall have until January 31, 2007, to file an answer to the petition. The objection to motion to file out of time, document 19is overruled. The motion for evidentiary hearing, document 17 is denied. The petitioner's objection to the Order on Initial Review will be ruled upon when I have had an opportunity to review it carefully. Ordered by Senior Judge Warren K. Urbom. Copy of this Order to Karen Burks with the Federal Public Defender's Office. (GJG, )
March 5, 2007
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ORDER granting 25 Motion for Extension of Time. Ordered by Judge Warren K. Urbom.(EJL, )
May 7, 2007
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VACATED - MEMORANDUM AND ORDER - No response has been made to the Motion to Dismiss and Quash Petition for Writ of Habeas Corpus and Declaratory Judgment, document 23 and time for a response has expired. For the reason that the petitioner has not exhausted his state remedies, IT IS ORDERED that the action is dismissed without prejudice. Civil Case Terminated. Ordered by Senior Judge Warren K. Urbom. (GJG, ) Modified on 11/7/2007 to reflect "vacated" text pursuant to Order30. (JAB)
January 3, 2008
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MEMORANDUM AND ORDER - The Motion for Expedited Ruling, filing 33 is granted insofar as it requests an expedited ruling and, such ruling is hereby made. The Amended Motion to Dismiss and Quash Petition for Writ of Habeas Corpus and Declaratory Judgment, filing 31, is granted. The Petition for Writ of Habeas Corpus and Declaratory Judgment, filing 1 is dismissed without prejudice. Ordered by Senior Judge Warren K. Urbom. (GJG, )
February 12, 2008
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ORDER denying 39 Motion for relief pursuant to Federal Rule of Civil Procedure 59(e). Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(EJL)