Banks v. Bakewell et al

Filing 36

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 sta te court no later than October 23, 2013. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 23, 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
ANTONIO BANKS,
Petitioner,
v.
STATE OF NEBRASKA, the, 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.) As shown in the records of this court, Petitioner filed his “Verified
Motion for Post Conviction Relief” in the District Court of Lancaster County,
Nebraska, on November 1, 2011. (Filing No. 31.)
On October 1, 2012, the court ordered Petitioner to file a status report no later
than April 1, 2013, advising the court of the status of post-conviction proceedings in
state court. (Filing No. 34.) On April 17, 2013, Petitioner informed the court that his
post-conviction proceedings are still pending in the state district court. (Filing No.
35.) 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 pp. 2-3.) 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:
1.
remedies.

This matter remains stayed pending Petitioner’s pursuit of his state-court

2.
Petitioner must file another status report advising the court of the status
of the separate action in state court no later than October 23, 2013.
3.
The Clerk of the court is directed to set a pro se case management
deadline in this case using the following text: October 23, 2013: deadline for
Petitioner to file written status report regarding state-court action.
DATED this 23rd day of April, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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