Eagle Boy v. State of Nebraska

Respondent: State of Nebraska
Interested Party: Nebraska Attorney General
Petitioner: Charles R. Eagle Boy
Case Number: 4:2013cv03120
Filed: June 18, 2013
Court: Nebraska District Court
Office: 4 Lincoln Office
Presiding Judge: Laurie Smith Camp
Referring Judge: Pro Se Docket
Nature of Suit: Habeas Corpus: General
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 12, 2013 15 Opinion or Order of the Court MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus 1 . On the court's own motion, Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus naming the current wa rden of Petitioner's place of confinement as therespondent. ***Pro Se Case Management Deadline set for 12/9/2013: Deadline for the petitioner to name proper respondent. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB)
December 16, 2013 17 Opinion or Order of the Court MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing No. 1 ), the court preliminarily determines that Petitioner's claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. Petitioner's Motion for the Appointment of Counsel (Filing No. 2 ) is denied without prejudice to reassertion. The Clerk of the court is directed to mail copies of this memorandum and order and the section 2254 petition to Respondent and t he Nebraska Attorney General by regular first-class mail. By January 27, 2014, Respondent shall file a motion for summary judgment or state court records in support of an answer. The Clerk of the court is directed to set a pro se case management d eadline in this case using the following text: January 27, 2014: deadline for Respondent to file state court records in support of answer or motion for summary judgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: February 26, 2014: check for Respondent to file answer and separate brief. Petitioner's request to amend his petition for writ of habeas corpus to name Mario Peart as the respondent is granted. The clerks office is directed to update the courts records to reflect that Mario Peart, not the State of Nebraska, is the respondent in this matter. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed as directed and to pro se party)(AOA)
August 19, 2013 5 Opinion or Order of the Court ORDER - Petitioner is directed to correct the above-listed technical defect within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice . The Clerk of the court is directed to send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the follow ing text: September 16, 2013: Check for MIFP or payment. In light of the information provided in this Memorandum and Order, Petitioner's Motion for Status (Filing No. 4 ) is granted to the extent it is consistent with this Memorandum and Order. As set forth above, the court has received the Petition for Writ of Habeas Corpus, but it has not received the $5.00 filing fee. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with form)(GJG)
August 28, 2013 9 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner's application to proceed IFP (Filing No. 7 ) is denied. Petitioner's Motion for Information (Filing No. 6 ) is granted to the extent that it is consistent with this Memorandum and Order. Petitioner is granted until September 30, 2013, to pay the $5.00 filing fee. Petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. The Clerk of the court is directed to set a pro se case m anagement deadline in this case using the following text: September 30, 2013: deadline forPetitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(AOA)

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Respondent: State of Nebraska
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Petitioner: Charles R. Eagle Boy
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