Banks v. Bakewell et al

Filing 43

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner is directed to file a status report in this matter within 14 days of this Memorandum and Order. The status report must advise the court of the status of Petitioner's pursuit of s tate-court remedies. Failure to comply with this directive could result in dismissal of this matter without further notice to Petitioner. The clerk's office is directed to set a pro se case management deadline in this case using the following text: December 19, 2014: deadline for Petitioner to file status report regarding state-court action. In addition, the clerk's office is directed to set a pro se case management deadline in this case using the following text: June 15, 2015: Check on status of Petitioner's case. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTONIO BANKS,

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Petitioner,
v.
MICHAEL L. KENNEY, Director of the
Department of Corrections,
Respondent.

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, which allowed Petitioner to pursue his state-court
remedies in the Nebraska state courts. (Filing No. 27.) Petitioner advised in his last status report,
dated July 3, 2014, that his state post-conviction action was then pending before the Nebraska
Supreme Court. Because this case remains pending, it is necessary for Petitioner to update the court
as to the status of the state-court proceedings.
IT IS THEREFORE ORDERED that:
1.
Petitioner is directed to file a status report in this matter within 14 days of this
Memorandum and Order. The status report must advise the court of the status of Petitioner’s pursuit
of state-court remedies. Failure to comply with this directive could result in dismissal of this matter
without further notice to Petitioner.
2.
The clerk’s office is directed to set a pro se case management deadline in this case
using the following text: December 19, 2014: deadline for Petitioner to file status report regarding
state-court action. In addition, the clerk’s office is directed to set a pro se case management deadline
in this case using the following text: June 15, 2015: Check on status of Petitioner’s case.
DATED this 3rd day of December, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge
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