Banks v. Bakewell et al

Filing 30

MEMORANDUM AND ORDER - Petitioner must pursue his state-court remedies. This court cannot file documents in state court on Petitioner's behalf. Petitioner shall have until December 2, 2011, in which to pursue state court remedies. In the event t hat Petitioner fails to pursue state court remedies by December 2, 2011, the court will lift the stay and rule on the merits of the Petition (filing no. 1 ) without further notice. Petitioner must file another status report advising the court whethe r Petitioner has pursued state court remedies no later than December 2, 2011. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 2, 2011: deadline for Petitioner to pursue exhaustion of Claim Two in state court and to file written status report.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTONIO BANKS,
Petitioner,
v.
STATE OF NEBRASKA, and
ROBERT HOUSTON,
Respondents.

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4:10CV3162

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On September 2, 2011, the
court granted Petitioner’s Motion for a Stay and Abeyance. (Filing No. 27.) In that
Memorandum and Order, the court granted Petitioner until October 31, 2011, to
pursue his state-court remedies. (Id.) The court also required that Petitioner file a
status report no later than October 31, 2011, advising the court regarding whether he
had done so. (Id.)
On October 31, 2011, Petitioner filed a Status Report. (Filing No. 29.) In his
Status Report, Petitioner states, “[p]lease find enclosed a copy of Verified Motion for
Post conviction Relief, as required by your Court.” (Id. at CM/ECF p. 1.) Petitioner
then requests that this court provide the Lancaster County, Nebraska District Court
with this pleading. (Id.) Petitioner’s Status Report does not show that he actually
filed the “Verified Motion for Post Conviction Relief” in state court, although the
Clerk of the Lancaster County District Court is copied on the filing. (Id.) This court
is not the appropriate court in which to file the “Verified Motion for Post Conviction
Relief.” Petitioner must file that document in state court in order to pursue his statecourt remedies.

IT IS THEREFORE ORDERED that:
1.
Petitioner must pursue his state-court remedies. This court cannot file
documents in state court on Petitioner’s behalf. Petitioner shall have until December
2, 2011, in which to pursue state court remedies. In the event that Petitioner fails to
pursue state court remedies by December 2, 2011, the court will lift the stay and rule
on the merits of the Petition (filing no. 1) without further notice.
2.
Petitioner must file another status report advising the court whether
Petitioner has pursued state court remedies no later than December 2, 2011.
3.
The Clerk of the court is directed to set a pro se case management
deadline in this case using the following text: December 2, 2011: deadline for
Petitioner to pursue exhaustion of Claim Two in state court and to file written status
report.
DATED this 3rd day of November, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge

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