Justin Gardner v. State of Nebraska
| Justin Gardner |
| State of Nebraska |
| 26-3039 |
| October 7, 2026 |
| U.S. Court of Appeals, Eighth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on October 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Originating court document filed consisting of originating court order of 10/08/2026, Declining to Issue COA. [5692819] [26-3039] (CJO) [Entered: 10/08/2026 12:36 PM] |
| Prisoner case docketed. [5692213] [26-3039] (CJO) [Entered: 10/07/2026 11:45 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, Memorandum and Order 09/01/2026, and Memorandum and Order 10/05/2026.[5692218] [26-3039] (CJO) [Entered: 10/07/2026 11:50 AM] |
| CLERK ORDER: for limited remand. This case is remanded to the district court for a determination of whether to issue a certificate of appealability, with directions that, if granted, the COA specify the issue or issues that are to be considered on appeal. See 28 U.S.C. Sec. 2253; Federal Rule of Appellate Procedure 22(b); United States v. Lambros, 404 F.3d 1034 (8th Cir. 2005);Tiedeman v. Benson, 122 F.3d (8th Cir. 1997). [5692221] [26-3039] (CJO) [Entered: 10/07/2026 11:53 AM] |
| CLERK ORDER: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, administrative records and state court files. These documents should be submitted within 10 days. [5692223] [26-3039] (CJO) [Entered: 10/07/2026 11:54 AM] |
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| Petitioner: Justin Gardner | |
| Represented By: | Justin Gardner |
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| Respondent: State of Nebraska | |
| Represented By: | Erin Elizabeth Tangeman |
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