Gardner v. State of Nebraska
| Justin Gardner |
| State of Nebraska |
| Nebraska Attorney General |
| 4:2019cv03005 |
| January 25, 2019 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 8 NOTICE of Appearance by Attorney Erin E. Tangeman on behalf of Respondent State of Nebraska (Tangeman, Erin) |
Filing 7
MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing No. #1 ), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in federal court. By April 1, 2019, Respondent must 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 deadline in this case using the following text: April 1, 2019: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the following procedures must befollowed by Respondent and Petitioner: By April 1, 2019, Respondent must file all state court records that are relevant to the cognizable claims. See, e.g., Rule 5(c)-(d) of the Rules Governing Section 2254 Cases in the United States District Courts. Those records must be contained in a separate filing entitled: "Designation of State Court Records in Support of Answer." The clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 29, 2019: check for Respondent's 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMM)
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Filing 6
ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. #2 ) is granted. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of the Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMM) Modified on 2/12/2019 to correct text (KMM).
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| Filing 5 PRISONER ACCOUNT STATEMENT by Petitioner Justin Gardner. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LKO) |
| Filing 4 LETTER by Clerk requesting plaintiff's trust account statement from institution. Copy of letter sent to Bruce Hunzeker at the Nebraska Department of Correctional Services. (LKO) |
| Filing 3 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Justin Gardner. (LKO) |
| Filing 1 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Justin Gardner. (LKO) |
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