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14-151 - Phelps v. Frakes


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14-151 - Phelps v. Frakes
September 23, 2014
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MEMORANDUM AND ORDER - The Federal Public Defender's Office for the District of Nebraska is appointed to represent Petitioner. An attorney from the Federal Public Defender's Office shall promptly enter his appearance as counsel in this matter. No later than 60 days from the date of this order, counsel for Petitioner shall file an amended petition for writ of habeas corpus that fully sets forth Petitioner's grounds on which he claims he is being held in violation of the Constitution, laws or treaties of the United States. The clerks office is directed to enter the following pro se case management deadline: November 24, 2014: Check for amended petition. Following the filing of the amended petition, the court will enter an order progressing this matter to disposition. Although counsel has been appointed, this matter will remain assigned to the pro se docket. The clerk's office shall provide the Federal Public Defenders Office, Petitioner, and the Nebraska Attorney Generals Office with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and provided as directed)(GJG)
April 21, 2015
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MEMORANDUM AND ORDER - On initial review, the 10 constitutional claims raised by Petitioner in the Amended Petition for a Writ of Habeas Corpus (Filing No. 14) are potentially cognizable for purposes of federal habeas corpus relief. The parties are cautioned that this determination is preliminary only. No amendments or supplements to the Amended Petition for a Writ of Habeas Corpus shall be filed without first securing leave of court. 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. No later than May 22, 2015, counsel for Petitioner and Respondent 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
August 11, 2015
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ORDER - IT IS ORDERED that Respondent's unopposed motion for extension of time (Filing No. 21) is granted, as follows: Respondent shall have until August 14, 2015, to file a brief addressing each of Petitioner's habeas claims. In all other respects, the court's progression order (Filing No. 18) shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (TCL )
September 17, 2015
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ORDER - Petitioner's unopposed motion for extension of time (Filing No. 24 ) is granted, as follows: 1. Petitioner shall have until October 14, 2015, to file a brief in response to Respondent's brief (Filing No. 23). 2. In all other respects, the court's progression order (Filing No. 18, as modified by Filing No. 22) shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (GJG)
October 14, 2015
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], as modified by Filing Nos. 22 and 26) shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (GJG)ORDER granting 27 motion for extension of time. Petitioner shall have until November 13, 2015, to file a brief in response to Respondent's brief (Filing No. 23). In all other respects, the court's progression order (Filing No. [18
January 6, 2016
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ORDER that on or before January 27, 2016, Petitioner shall file a supplemental brief in support of his motion for hearing (Filing No. 29) in which he shall: a. Specify why an evidentiary hearing is necessary; and b. Describe in detail what evidence he intends to offer at such hearing. Respondent shall respond to Petitioner's supplemental brief within 21 days after its filing and service, and shall indicate whether he has objections to any of the evidence identified by Petitioner. Petitioner shall have 7 days after filing and service of Respondent's brief to file a reply. Petitioner shall not be required to respond to Respondent's initial brief (Filing No. 23) until further ordered by the court. Ordered by Senior Judge Richard G. Kopf. (LAC)
January 28, 2016
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ORDER that Petitioner's unopposed motion for extension of time (Filing No. 32) is granted, and the case shall progress as follows: 1. Petitioner shall have until March 28, 2016, to file a brief in response to Respondent's initial brief (Filing No. 23). 2. Respondent shall file a reply within 30 days after filing and service of Petitioner's brief. 3. No discovery shall be undertaken without leave of court. 4. Petitioner's motion for hearing (Filing No. 29) is deemed withdrawn, and is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 22, 2016
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ORDER granting 36 Motion to Extend. Respondent shall have until May 24, 2016, to reply to Petitioner's brief (Filing No. 35). No discovery shall be undertaken without leave of court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
May 25, 2016
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ORDER that Respondent's motion for extension of time (Filing No.38) is granted, and the case shall progress as follows: Respondent shall have until June 3, 2016, to reply to Petitioner's brief (Filing No. 35). No discovery shall be undertaken without leave of court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
July 26, 2016
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MEMORANDUM AND ORDER - Respondent shall have until the close of business on August 4, 2016, to reply to Petitioner's brief (Filing No. 35). This matter will be taken under submission by the court immediately upon the filing of a reply or August 5, 2016, whichever occurs first. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
September 30, 2016
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y Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)MEMORANDUM AND ORDER - Petitioner's application for a writ of habeas corpus is denied, and this action is dismissed with prejudice. Judgment shall be entered by separate document. A certificate of appealability will not be issued. Ordered b
October 31, 2016
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in forma pauperis. The clerk is directed to process the appeal and to provide a copy of this order to the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)ORDER - Petitioner's Application for Certificate of Appealability (Filing No. 48), treated as a motion for reconsideration, is denied. Petitioner's appeal appears to be taken in good faith, and, pursuant to FRAP 24(a)(3), he may proceed