Banks v. Bakewell et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: This matter remains stayed pending Petitioner's pursuit of his state-court remedies. Petitioner must file another status report advising the court of the status of the separate action in st ate court no later than April 1, 2013. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 1, 2013: deadline for Petitioner to file written status report regarding state-court action. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STATE OF NEBRASKA, and
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.) As shown in the records of this court, Petitioner filed his “Verified
Motion for Post Conviction Relief” in the Lancaster County, Nebraska District Court
on November 1, 2011. (Filing No. 31.)
On January 20, 2012, the court ordered Petitioner to file a status report no later
than July 18, 2012, advising the court of the status of post-conviction proceedings in
state court. (Filing No. 32.) On June 15, 2012, Petitioner informed the court that his
post-conviction proceedings were still pending in the Lancaster County, Nebraska
District Court. (Filing No. 33.) Petitioner also indicated that “it will be at least six
months before he may be able to return to the federal Court.” (Id. at CM/ECF p. 2.)
In light of Petitioner’s status report, this matter remains stayed and the court will
require a status report in six months.
IT IS THEREFORE ORDERED that:
This matter remains stayed pending Petitioner’s pursuit of his state-court
Petitioner must file another status report advising the court of the status
of the separate action in state court no later than April 1, 2013.
The Clerk of the court is directed to set a pro se case management
deadline in this case using the following text: April 1, 2013: deadline for Petitioner
to file written status report regarding state-court action.
DATED this 1st day of October, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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