Wilson v. Peart et al
Petitioner: Harold B. Wilson
Respondent: Mario Peart and State of Nebraska
Interested Party: Nebraska Attorney General
Case Number: 8:2014cv00152
Filed: May 15, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Pro Se Docket
Nature of Suit: Habeas Corpus: General
Cause of Action: 28 U.S.C. ยง 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
March 2, 2015 Opinion or Order Filing 22 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion to Appoint Counsel (Filing No. 16 ) is denied without prejudice to reassertion. Petitioner's Motion for Enlargement of Time (Filing No. 18 ) is granted. Petitione r's response to the summary judgment motion is due May 25, 2015. Respondent's Objection (Filing No. 20 ) to Petitioner's Motion to Appoint Counsel is sustained. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
January 29, 2015 Opinion or Order Filing 10 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Upon initial review of the amended habeas corpus petition (Filing No. 9 ), the court preliminarily determines that Petitioners claims, as they are set forth in this Memorandum and Order, are po tentially cognizable in federal court. The clerk's office is directed to mail copies of this Memorandum and Order and the habeas corpus petition to Respondent and the Nebraska Attorney General by regular first-class mail. By March 12, 2015, R espondent must file a motion for summary judgment or state court records in support of an answer. The clerk's office is directed to set a pro se case management deadline in this case using the following text: March 12, 2015: deadline for Respo ndent to file state court records in support of answer or motion for summary judgment. The clerk's office is directed to set a pro se case management deadline in this case using the following text: April 13, 2015: check for Respondents answer and separate brief. No discovery shall be undertaken without leave of the court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. The clerk's office is directed to terminate the State of Nebraska as a respondent in this matter, as Petitioner named only Mario Peart in his amended habeas corpus petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )
October 28, 2014 Opinion or Order Filing 8 MEMORANDUM AND ORDER that Harold Wilson will have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus. The clerk's office is directed to set a pro se case management deadline for 12/1/14: dea dline for Wilson to file an amended petition for writ of habeas corpus. The clerk's office is directed to send Wilson the Form AO241, Petition for Relief from a Conviction or Sentence by a Person in State Custody. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party as directed) (JSF)
August 1, 2014 Opinion or Order Filing 6 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Wilson must show cause within 30 days of the date of this Memorandum and Order why this case should not be dismissed as barred by the governing statute of limitations. Petitioner is warned that failure to comply as directed will result in dismissal of this case for want of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The clerk's office is directed to set a pro se case management deadline in this matter: September 5, 2014: Check for response from petitioner. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
May 19, 2014 Opinion or Order Filing 5 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: Mario Peart
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Respondent: State of Nebraska
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Petitioner: Harold B. Wilson
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