Floyd v. Houston

Filing 122

MEMORANDUM AND ORDER - Petitioner shall file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief by June 6, 2017. Petitioner is warned that the amended petition will supersede, not supplement, all of his p revious petitions. Failure to file an amended petition within the time set by the court will result in dismissal of this matter without further notice to Petitioner. Following the filing of the amended petition, the court will enter a new order progr essing this matter to disposition. Petitioner's "Motion for Reconsideration" (Filing No. 113 ) and "Motion to Dismiss" counsel (Filing No. 119 ) are denied as moot. The clerk's office is directed to set the following case management deadline: June 6, 2017: check for Amended Petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM C. FLOYD, JR.,
Petitioner,

8:13CV195

vs.
SCOTT FRAKES, Director of the
Nebraska Department of Correctional
Services; and BRAD HANSEN, Warden
Tecumseh State Correctional Institution;

MEMORANDUM
AND ORDER

Respondents.
This matter is before the court on case management. This case was recently
reassigned to me for disposition. (Filing No. 121.)
This case has been pending nearly four years. Petitioner William C. Floyd,
Jr., filed his 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus on July 1, 2013,
and a supplemental petition nearly a year later on May 8, 2014. (Filing No. 1;
Filing No. 49; Filing No. 50.) On July 8, 2015, the court granted Petitioner
counsel. (Filing No. 81.) On November 18, 2016, counsel filed an amended
petition. (Filing No. 104.) Counsel has since withdrawn from the case per
Petitioner’s request. (See Filing No. 117; Filing No. 119; Filing No. 120.)
Petitioner requests to file a pro se “supplemental amended” petition. (Filing No.
113; Filing No. 119.) Upon careful consideration,
IT IS THEREFORE ORDERED that:
1.
Petitioner shall file an amended petition for writ of habeas corpus that
clearly presents all of his claims for relief by June 6, 2017. Petitioner is warned
that the amended petition will supersede, not supplement, all of his previous

petitions. Failure to file an amended petition within the time set by the court will
result in dismissal of this matter without further notice to Petitioner. Following the
filing of the amended petition, the court will enter a new order progressing
this matter to disposition.
2.
Petitioner’s “Motion for Reconsideration” (Filing No. 113) and
“Motion to Dismiss” counsel (Filing No. 119) are denied as moot.
3.
The clerk’s office is directed to set the following case management
deadline: June 6, 2017: check for Amended Petition.
Dated this 7th day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2