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13-195 - Floyd v. Frakes


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13-195 - Floyd v. Frakes
July 16, 2013
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MEMORANDUM AND ORDER provisionally granting the 2 Motion for Leave to Proceed in forma pauperis. Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
July 16, 2013
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MEMORANDUM AND ORDER- Upon initial review of the Petition (filing no. 1), the court preliminarily determines that Petitioners 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 Respondent and the Nebraska Attorney General by regular first-class mail. By August 29, 2013, Respondent shall file a motion for summary judgment or state court records in support of an answer. No later than 30 days after the filing of Petitioners brief, Respondent shall file and serve a reply brief. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 29, 2013: check for Respondent to file answer and separate brief. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/29/2013: deadline for Respondent to file state court records in supportof answer or motion for summary judgment) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)
January 27, 2014
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MEMORANDUM AND ORDER - Petitioner's Objections (filing nos. 14 and 19) and Motion for Default (filing no. 20) are denied in accordance with this Memorandum and Order. By February 21, 2014, Respondent shall show good cause or excusable neglect for his failure to comply with this courts orders. By February 21, 2014, Respondent shall file an answer and initial brief. Respondents failure to comply with this Memorandum and Order could result in sanctions, including the potential release of Petitioner. ( Pro Se Case Management Deadline set for 2/21/2014: check for Respondent's showing of good cause and excusable neglect, Respondent's answer, and Respondent's initial brief). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
February 26, 2014
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MEMORANDUM AND ORDER - Petitioner's Motion for Default Judgment (filing no. 26) is denied. Petitioner's Motion to Compel (filing no. 27) and Motion for Additional Documents (filing no. 30) are denied without prejudice to reassertion. Petitioner's Motions for Enlargement of Time (filing nos. 28 and 32) are granted. Petitioner shall have until April 7, 2014, to file a response to Respondent's Brief. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
March 25, 2014
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ORDER - Petitioner's Motion for Copies (filing no. 38), and Petitioner's Motion to Compel, which the court liberally construes as another Motion for Copies (filing no. 37), are denied. The clerk's office is directed to send Petitioner a copy of the docket sheet in this case. Petitioner's Motion to Appoint Counsel (filing no. 34) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
March 26, 2014
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MEMORANDUM AND ORDER - Petitioner's Objection (filing no. 35) is denied. Petitioner's Motion for Enlargement of Time (filing no. 39) is granted. Petitioner shall file his brief in response by May 7, 2014. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
March 26, 2014
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STRICKEN-MEMORANDUM AND ORDER - The court has been advised that the parties in the above-captioned matter have settled their claims. Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court, together with submitting to the trial judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The clerk shall terminate the pretrial and trial settings for this case. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(MKR) Modified on 3/26/2014 to strike per order 43(MKR).
May 16, 2014
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MEMORANDUM AND ORDER- Petitioner's Motion (Filing No. 49) is granted. The court will consider Filing Number 49 as supplemental to the original petition for writ of habeas corpus in accordance with NECivR 15.1(b). Respondent will have 30 days from the date of this Memorandum and Order to file and serve a brief in response to Petitioners actual-innocence claim. No later than 30 days following the filing of Respondent's brief, Petitioner shall file and serve a reply brief. Petitioner's Objection to the courts Memorandum and Order dated April 23, 2014, is overruled. (Filing No. 48.) As explained in that order, Respondent has filed nearly 5,000 pages of state court records in this matter. If, upon review of these records, the court determines that additional records are needed based on Petitioner's claims for relief, the court will order Respondent to provide them. ( Pro Se Case Management Deadline set for 7/14/2014:check for responses from parties) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
June 26, 2014
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MEMORANDUM AND ORDER- By July 10, 2014, Respondent shall show good cause or excusable neglect for his failure to once again comply with this court's orders. (See Memorandum and Order dated January 27, 2014, ordering Respondent to show good cause or excusable neglect for failure to comply with courts orders.) Failure to do so may result in sanctions. Also by July 10, 2014, as previously ordered, Respondent shall file and serve a brief in response to Petitioners actual-innocence claim, which Petitioner raised in Filing Number 49. As set forth in the court's Text Order dated May 28, 2014, no later than 60 days following the filing of Respondent's brief, Petitioner shall file and serve a reply brief that addresses the matters set forth by Respondent in his Brief dated March 3, 2014, and also the matters set forth in the brief Respondent will serve in response to Petitioners actual-innocence claim. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/10/2014: Deadline for Respondent to show good cause and filebrief.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
July 2, 2014
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MEMORANDUM AND ORDER- The Petitioner's 54 Objection to Memorandum and Order, is overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
July 18, 2014
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MEMORANDUM AND ORDER overruling the Petitioner's 61 Objection. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
July 8, 2015
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Floyd's Motion to Appoint Counsel (Filing No. 80) is granted. Michael Gooch is appointed to represent Floyd in accordance with 18 U.S.C. § 3006A(a)(2)(B). Michael Gooch is directed to promptly enter his appearance as counsel in this case. No later than August 7, 2015, counsel for Respondent and Michael Gooch 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 Michael Gooch 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 Michael Gooch, 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)(TCL )
February 9, 2016
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ORDER granting the petitioner's 91 Motion to Extend pleading and other dates. The petitioner shall have to on or before April 29, 2016, to file an amended petition. The respondent shall have thirty days thereafter to file an answer and all relevant designated state court records. After the respondent files an answer, the petitioner shall have forty-five days to file an opening brief. The respondent shall have forty-five days thereafter to file a responsive brief. The petitioner shall have thirty days thereafter to file a reply brief. Amended Complaint due by 4/29/2016. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(MKR)
February 9, 2017
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ORDER - IT IS ORDERED: Petitioner's objection (Filing No. 108), to the Magistrate Judge's order to strike (Filing No. 107) is overruled. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to petitioner)(TCL)
March 27, 2017
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ORDER granting 117 Motion to Withdraw Michael D. Gooch as Attorney. Mr. Gooch is deemed withdrawn. The petitioner, William C. Floyd Jr., is considered proceeding pro se and defense counsel may now communicate directly with the petitioner. This case is reassigned to the Pro Se docket for judicial supervision and remains assigned to Senior District Judge Joseph F. Bataillon for disposition. This case is referred to the Pro Se docket for re-progression. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
April 7, 2017
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MEMORANDUM AND ORDER - Petitioner shall file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief by June 6, 2017. Petitioner is warned that the amended petition will supersede, not supplement, all of his previous petitions. Failure to file an amended petition within the time set by the court will result in dismissal of this matter without further notice to Petitioner. Following the filing of the amended petition, the court will enter a new order progressing this matter to disposition. Petitioner's "Motion for Reconsideration" (Filing No. 113) and "Motion to Dismiss" counsel (Filing No. 119) are denied as moot. The clerk's office is directed to set the following case management deadline: June 6, 2017: check for Amended Petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 7, 2017
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MEMORANDUM AND ORDER - Upon initial review of the amended habeas corpus petition (Filing No. 127), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in federal court with the exception of Claim Five. Claim Five is dismissed. By October 23, 2017, Respondents must file a motion for summary judgment or answer. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 23, 2017: deadline for Respondents to file motion for summary judgment or answer and separate brief. The court understands that Respondents have filed all state court records in this matter. (See Filing Nos. 9-13, 31, 109.) In the event that Respondents' designation of state court records is deemed insufficient by Petitioner, Petitioner may file a motion with the court requesting additional documents. Such motion must set forth the documents requested and the reasons the documents are relevant to the cognizable claims. The clerk of the court is directed to send Filing No. 109 ("Amended Designation of State Court Records in Support of Amended Answer") to Petitioner without the attachments. 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party with filing 109) (KLF)
August 23, 2017
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MEMORANDUM AND ORDER - that: Petitioner's claims are amended to include Claim Two, subpart (12) as set forth in this Memorandum and Order. Respondents shall respond to Claim Two, subpart (12) in addition to Petitioner's claims as set forth in Filing No. 128. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 16, 2017
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MEMORANDUM AND ORDER - Petitioner's claims are amended to include Claim Seven as set forth in this Memorandum and Order. In addition to Petitioner's claims as set forth in Filing No. 128 and Filing No. 130, Respondents shall respond to the actual innocence claim in Claim Seven and address whether such claim defeats any procedural default as Petitioner alleges. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 9, 2017
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MEMORANDUM AND ORDER - Petitioner's Objection Motion (Filing No. 135) is granted. Petitioner's claims are amended to include Claim One, subparts (36) through (39) and Claim Two, subpart (13) as set forth in this Memorandum and Order. Respondents shall respond to Petitioner's claims as set forth in this Memorandum and Order. Respondents shall have until December 11, 2017, to file their answer and initial brief. The clerk's office is directed to set the following case management deadline: December 11, 2017: check for Respondents' answer and initial brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
December 1, 2017
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MEMORANDUM AND ORDER - Petitioner's Objection (Filing No. 137) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
February 6, 2018
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to File a Third Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Filing No. 141) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
March 8, 2018
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MEMORANDUM AND ORDER - Petitioner's Objection (Filing No. 145) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
March 23, 2018
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MEMORANDUM and ORDER that Petitioner's Motion for Stay and Abeyance (Filing No. 147) and Motion to Compel (Filing No. 148) are denied. Petitioner's Motion for an Extension of Time (Filing No. 149) is granted. Petitioner shall have until April 23, 2018, to file and serve a brief in response to Respondents' Answer and Brief in Support. Petitioner shall submit no other documents unless directed to do so by the court. No later than 30 days after Petitioner's brief is filed, Respondents must file and serve a reply brief. In the event that Respondents elect not to file reply brief, they should inform the court by filing a notice stating that they will not file a reply brief and that the merits of the petition are therefore fully submitted for decision. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 23, 2018: check for Petitioners brief in response to answer and brief.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MLF)
April 19, 2018
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MEMORANDUM AND ORDER - that Petitioner's Motion for Reconsideration (filing no. 151) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
June 26, 2018
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MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Expand the Record (filing no. 155) is granted in part and denied in part as set forth in this Memorandum and Order. The court will consider the materials attached to Petitioner's motion to the extent they are relevant to the claims presented in his habeas petition and specifically referenced in any brief Petitioner files. Petitioner's Motion for Extension of Time (filing no. 156) is granted. Petitioner shall have until July 26, 2018, to file and serve a brief in response to Respondents' Answer and Brief in Support. No further extensions will be granted absent good cause. No later than 30 days after Petitioners brief is filed, Respondents must file and serve a reply brief. In the event that Respondents elect not to file a reply brief, they should inform the court by filing a notice stating that they will not file a reply brief and that the merits of the petition are therefore fully submitted for decision. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 26, 2018: check for Petitioners brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
July 6, 2018
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MEMORANDUM AND ORDER - Petitioner's motion (filing no. 158) to consider the amended petition as supplemental to the previous petitions is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMM)
August 3, 2018
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MEMORANDUM AND ORDER - that Petitioner's "Second Motion to Expand the Record" (filing no. 162) is granted as set forth in this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
August 24, 2018
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MEMORANDUM AND ORDER granting Petitioner's MOTION for Extension of Time to 10/26/18 to File a Responsive Pleading 164. No further extensions shall be granted. Pro Se Case Management Deadline set for 10/26/2018 to check for petitioner's brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se petitioner)(CCB)
October 26, 2018
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MEMORANDUM AND ORDER - Petitioner's "Motion to File a Third Expansion of Record" (filing no. 166) is granted. The court will consider the materials attached to Petitioner's motion to the extent they are relevant to the claims presented in his habeas petition and specifically referenced in any brief Petitioner files. Petitioner's Motion for Extension of Time (filing no. 167) is granted. Petitioner shall have until December 26, 2018, to file and serve a brief in response to Respondents' Answer and Brief in Support. The clerk's office is directed to set the following pro se case management deadline: December 26, 2018: check for Petitioner's brief in response to answer and brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)