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10-3073 - Jacob v. Frakes


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10-3073 - Jacob v. Frakes
May 26, 2010
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Motion for Leave to Proceed in Forma Pauperis (filing no. 2) is provisionally grantedand Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
June 22, 2010
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MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1), the court preliminarily determines that all six of Petitioner's claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Nebraska Attorney General by regular first-class mail. By July 26, 2010, Respondent shall file a motion for summary judgment or state court records in support of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 26, 2010: deadline for Respondent to file state court records in support of answer or motion for summary judgment. Pro Se Case Management Deadline set for 7/26/2010. If Respondent elects to file an answer, the procedure set out in this Memorandum and Order shall be followed by Respondent and Petitioner. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 25, 2010: check for respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(GJG)
August 2, 2010
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MEMORANDUM AND ORDER granting 7 Motion to Amend. Petitioner's Claim Five and Claim Six are modified as set forth in this Memorandum and Order. The Clerk of the court is directed to mail copies of this Memorandum and Order and Plaintiff's Motion to Alter or Amend 7 to Respondent and the Nebraska Attorney General by regular first-class mail. The parties shall continue to follow the deadlines and instructions outlined in the court's June 22, 2010, Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed) (JSF)
October 13, 2010
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MEMORANDUM AND ORDER - Respondent's Motion to Extend and for Clarification of Claims (filing no. 17) is granted. Respondent shall have until November 3, 2010, to file state court records and an answer. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
October 15, 2010
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MEMORANDUM AND ORDER denying 18 Petitioner's Objection to Respondent's Motion to Extend. For the reasons discussed in the court's October 13, 2010, Memorandum and Order, Petitioners Objection is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)
November 9, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion to Alter or Amend (filing no. 21), construed as a Motion to Supplement, is granted. Petitioner's request to appoint counsel is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
December 8, 2010
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MEMORANDUM AND ORDER - Petitioner's Objection 26 is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
December 23, 2010
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MEMORANDUM AND ORDER - Petitioner's Motion to Stay 32 is denied. Petitioner's Motion for Extension of Time 33 is granted. Petitioner's reply is due January 10, 2011. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KBJ)
February 2, 2011
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MEMORANDUM AND ORDER - Respondent's Motion for Enlargement of Time (filing no. 37) is granted. Petitioner's Motion to Alter or Amend (filing no. 35) is denied. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for initial brief on April 2, 2011. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
March 23, 2011
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o Appeal IFP (filing no. 42) is denied. Petitioner is not entitled to proceed IFP on appeal and the appeal is dismissed. The Clerk of the court shall not process the appeal to the Eighth Circuit. The Clerk of the court is directed to forward a copy of this Memorandum and Order to the parties and to the Eighth Circuit Court of Appeals. Petitioner's Objection to Respondent's Motion for Extension of Time (filing no. 39) is denied as moot in accordance with the court's FebruaryMEMORANDUM AND ORDER denying as moot Objection 39; denying Motion for Leave to Appeal in forma pauperis 42; and denying as premature Motion for Certificate of Appealability 44. IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave t 2, 2011, Memorandum and Order. Petitioner's Motion for Certificate of Appealability (filing no. 44) is denied as premature. DATED this 23rd day of March, 2011. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (Copy mailed to Eighth Circuit Court of Appeals as directed) (TEL)
April 25, 2011
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MEMORANDUM AND ORDER - Respondent's Motion for Enlargement of Time (filing no. 51) is granted. Petitioner's Motion to Alter or Amend (filing no. 50) is denied. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for initial brief on May 4, 2011. ( Pro Se Case Management Deadline set for 5/4/2011.) Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)
October 26, 2011
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MEMORANDUM AND ORDER - Respondent shall have until November 21, 2011, to file his initial brief. If Respondent fails to comply with this Memorandum and Order, the court may impose sanctions. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: November 21, 2011: Deadline for Respondent to file initial brief. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)
July 31, 2012
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MEMORANDUM AND ORDER - Respondent is ordered to advise the court of the Nebraska Supreme Court's entry of judgment in Jacob's pending state court case, #S-11-439, within seven days of the court's entry of judgment. Upon careful consideration, Petitioner's Motion for Additional Documents (Filing No. 105) is denied without prejudice to reassertion. If the court determines additional state court records are necessary to resolve the case, it will direct Respondent to file them. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (TEL) Modified on 8/1/2012 to add mailing information. (TEL)
April 23, 2013
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MEMORANDUM AND ORDER regarding Memorandum and Order118. Petitioner and Respondent are directed to file a status report in this matter within 14 days of the date of this Memorandum and Order. The status report must advise the court of the status of Petitioner's pursuit of state-court remedies. ***Pro Se Case Management Deadline set for 5/10/2013: deadline for Petitioner and Respondent to file written status reports regarding state-court action. Also, June 1, July 1, August 1, and September 1, 2013: Check on status of Petitioner's pending state-court case. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)
August 15, 2013
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MEMORANDUM AND ORDER - Petitioner and Respondent are directed to file a status report in this matter within 14 days of the date of this Memorandum and Order. The status report must advise the court of the status of Petitioner's pursuit of state-court remedies. The clerk's office is directed to set a pro se case management deadline in this case using the following text: September 16, 2013, deadline for Petitioner and Respondent to file status reports regarding state-court action. In addition, the clerk's office is directed to set a pro se case management deadline in this case using the following text: November 1, 2013: Check on status of Petitioners pending state-court case if matter still pending in state court. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
January 27, 2014
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MEMORANDUM AND ORDER - Petitioner and Respondent are directed to file a status report in this matter within 14 days of the date of this Memorandum and Order. The status report must advise the court of the status of Petitioner's pursuit of state-court remedies. The clerk's office is directed to set a pro se case management deadline in this case using the following text: February 6, 2014, deadline for Petitioner and Respondent to file status reports regarding state-court action. In addition, the clerk's office is directed to set a pro se case management deadline in this case using the following text: February 7, 2014: Check on status of Petitioner's pending state-court case. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
April 21, 2014
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MEMORANDUM AND ORDER - Petitioner's Motion (Filing No. 128) is granted. Petitioner is granted 60 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief. Following the filing of the amended petition, the court will enter an order progressing this matter to disposition. Respondent is granted 14 days from the date of this Memorandum and Order to specify where in the state court records "the Transcription of the September 1989 preliminary hearing or Exhibit #23 from the 1990 hearsay admissibility hearing" is located. The clerk's office is directed to set the following case management deadline: June 16, 2014: Amended petition due. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (GJG)
October 8, 2014
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MEMORANDUM AND ORDER - By December 8, 2014, Respondent shall file a motion for summary judgment or state court records in support of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 8, 2014: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the following procedures shall be followed by Respondent and Petitioner. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 8, 2015: check for Respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
January 26, 2015
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MEMORANDUM AND ORDER granting 148 Motion to Extend. Respondent will have until January 29, 2015, to file a brief in support of an answer. The court requests that counsel for Respondent strictly abide by the court's progression orders in the future. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
February 17, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED that: Nebraska Attorney General Doug Peterson and James D. Smith are ordered to appear before this court for a hearing on February 19, 2015, at 1:30 p.m., in Courtroom Number 3 of the Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha,Nebraska. They will be required to show cause why financial sanctions should not be imposed in this case pursuant to Rule 16(f). The clerk's office is directed to mail a copy of this Memorandum and Order to Nebraska Attorney General Doug Peterson. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL)
March 2, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED that: Petitioner must file any motion seeking the filing of additional state court records within 30 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
July 8, 2015
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Sean Conway is appointed to represent Jacob in accordance with 18 U.S.C. ยง 3006A(a)(2)(B). Sean Conway is directed to promptly enter his appearance as counsel in this case. No later than August 7, 2015, counsel for Respondent and Sean Conway shall confer and file a joint motion suggesting a suitable progression of this case. The court will enter an order progressing this case to disposition following the filing of the joint motion. The Federal Public Defender is directed to provide Sean Conway with a CJA voucher in his capacity as administrator of the Criminal Justice Act panel. The clerk of the court is directed to send a copy of this order to Sean Conway, Federal Public Defender, and all other parties who receive notice of filings in this case. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL )
December 10, 2015
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ORDER - THEREFORE, IT IS ORDERED THAT: Petitioner's motion to proceed pro se, Filing No. 181, is granted. Counsel Sean M. Conway's motion to withdraw as attorney in this case, Filing No. 180, is likewise granted. Mr. Conway shall immediately serve petitioner with certified notice that he has withdrawn and is no longer representing petitioner in this case and file a notice of such service with the court. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
December 29, 2015
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ORDER - 1) The current progression order for this case is set aside. 2) Petitioner's motion to obtain copies of "unknown filings," (Filing No. 193), is denied. 3) Petitioners motions, (Filing Nos. 181 &, 182), are denied except as stated. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
January 25, 2016
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MEMORANDUM AND ORDER that Jacob's Motion for Temporary Restraining Order (Filing No. 195) is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
March 30, 2016
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ORDER denying as moot 204 motion to extend because response has been filed. Ordered by Senior Judge Lyle E. Strom. (JDR)
April 12, 2016
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ORDER - Petitioner's motion 207 is granted; petition shall have until April 18, 2016 to file a showing of cause. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
November 30, 2016
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MEMORANDUM AND ORDER regarding two motions filed by petitioner, Steven M. Jacob (Filings 202 and 210 ). Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
December 15, 2016
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ORDER - Respondent's motion 212 is granted. Respondent shall have until December 28, 2016, to file additional court records. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
December 29, 2016
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ORDER - Petitioner's motion 215 is granted. Petitioner shall have until January 30, 2017, to comply with the Court's order (Filing No. 211) to file additional material. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
February 27, 2017
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FINAL PROGRESSION ORDER - Petitioner may file a supplemental brief to petitioner's reply brief (Filing No. 163) by March 24, 2017. Any brief filed after this date will not be considered by the Court. If petitioner files a supplemental brief to petitioners reply brief (Filing No. 163), respondent shall file a brief in response no later than April 24, 2017. Any brief filed after this date will not be considered by the Court. No continuances or enlargement of time will be granted. On April 24, 2017, this case will be deemed submitted to the Court for disposition regardless of the parties' compliance with the above briefing schedule. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
March 13, 2017
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MEMORANDUM AND ORDER - Petitioner's motion to order the Clerk of the Court or the Respondent to provide petitioner with a page index of exhibits from Schlichtman v. Jacob is denied as moot. Petitioner may include a renewed motion to certify questions to the Nebraska Supreme Court with his supplemental brief in the same time frame allowed under the Court's Final Progression Order (Filing No. 220). The Court reserves ruling on petitioner's request for an evidentiary hearing until all briefing is submitted in accordance with the Court's Final Progression Order. Nothing in this order shall be construed as altering or amending the time frame set forth in the Court's Final Progression Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
June 2, 2017
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e order will be entered herein in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (ADB)MEMORANDUM OPINION that Jacob's amended petition for a writ of habeas corpus (Filing No. 136) will be denied in its entirety. Jacob's objection (Filing No. 225) to the Court's March 13, 2017, order (Filing No. 222) will be overruled. Jacob's motion to certify questions to the Nebraska Supreme Court (Filing No. 224) will be denied. Finally, Jacob's request for an evidentiary hearing will be denied. A certificate of appealability will not be issued in this case. A separat
June 2, 2017
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Filing No. 136) is denied in its entirety. A certificate of appealability will not issue. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (ADB)ORDER AND JUDGMENT that Jacob's objection to the Court's March 13, 2017, Order (Filing No. 225) is overruled. Jacob's request for an evidentiary hearing with regard to this issue (Id.) is denied. Jacob's motion to certify questions to the Nebraska Supreme Court (Filing No. 224) is denied in its entirety. Jacbob's request for an evidentiary hearing to prove the factual allegations of his petition is denied. Jacob's amended petition for a writ of habeas corpus (
July 19, 2017
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MEMORANDUM AND ORDER denying 230 Petitioner's Motion to Amend. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAB)
July 21, 2017
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ORDER TO DESTROY: Counsel for the interested party notified the court on July 21, 2017 that he wishes the following exhibits held by the court in this matter be destroyed - Interested Partys Exhibit 101 from hearing held 2/19/2015. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (ADB)
August 4, 2017
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MEMORANDUM AND ORDER - The Court's order to destroy Exhibit 101 (Filing No. 232) is stayed. Petitioner may obtain a copy of Exhibit 101 after payment of the requisite fees and compliance with the procedures of the Office of the Clerk of this Court. Petitioner shall file a brief on or before August 22, 2017, to show cause as to why Exhibit 101 should not be destroyed. Failure to file a brief to show cause will be deemed a waiver of any objection to the destruction of Exhibit 101. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)
August 23, 2017
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MEMORANDUM AND ORDER - Petitioner's motion to appeal in forma pauperis (Filing No. 237) is granted. Petitioner's motion for a certificate of appealability (Filing No. 238) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)
June 11, 2018
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ORDER to withdraw exhibit #101 or show cause why exhibit should not be destroyed regarding Exhibit List 156. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)