Holladay v. Bakewell
Filing
7
MEMORANDUM AND ORDER - The pending Petition is deemed insufficient and the court will not act upon it. On or before September 6, 2011, Holladay shall submit a completely new amended petition for writ of habeas corpus that is originally signed under p enalty of perjury. In the amended petition, Holladay shall specify the convictions and sentences that he is challenging. Holladay is warned that his failure to comply with this order may result in dismissal of his Petition without further notice. Th e Clerk of the Court is directed to send to Holladay the Form AO 241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: September 6, 2011: deadline for Petitioner to submit amended Petition. Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party along with form)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LARRY HOLLADAY,
Petitioner,
v.
DENNIS BAKEWELL, Warden,
Respondent.
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4:11CV3103
MEMORANDUM
AND ORDER
On July 7, 2011, Larry Holladay filed a Petition for a Writ of Habeas Corpus
(“Petition”). (Filing No. 1.) In his Petition, Holladay asserts three claims for relief.
(Id.) Holladay also discusses two sets of convictions and sentences: one set from the
District Court of Box Butte County, Nebraska, and one set from the District Court of
Sheridan County, Nebraska. (Id. at CM/ECF pp. 2-3.)
The court has conducted an initial review of the Petition to determine whether
Hollady’s claims are, when liberally construed, potentially cognizable in federal
court. Upon review, it is unclear which set of convictions and sentences Holladay is
challenging. Stated another way, the Petition is not sufficiently specific. Before the
court can complete the initial review process, Holladay must amend his Petition. In
particular, Holladay must specify which convictions and sentences he is challenging.
The court cautions Holladay that failure to adequately comply with this order may
result in dismissal of his Petition without further notice.
IT IS THEREFORE ORDERED that:
1.
upon it.
The pending Petition is deemed insufficient and the court will not act
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2.
On or before September 6, 2011, Holladay shall submit a completely
new amended petition for writ of habeas corpus that is originally signed under penalty
of perjury. In the amended petition, Holladay shall specify the convictions and
sentences that he is challenging. Holladay is warned that his failure to comply with
this order may result in dismissal of his Petition without further notice.
3.
The Clerk of the Court is directed to send to Holladay the Form AO 241,
Petition for Relief From a Conviction or Sentence By a Person in State Custody.
4.
The Clerk of the Court is directed to set a pro se case management
deadline in this case with the following text: September 6, 2011: deadline for
Petitioner to submit amended Petition.
DATED this 4th day of August, 2011.
BY THE COURT:
s/Richard G. Kopf
United States District Judge
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