Kellogg v. Frakes et al
| Daevier Kellogg |
| Scott Frakes and Michele Wilhelm |
| Nebraska Attorney General |
| 4:2022cv03202 |
| September 14, 2022 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Pro Se Docket |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 8
MEMORANDUM AND ORDER - The pending Petition, Filing No. #1 , is deemed insufficient and the Court will not act upon it. By November 25, 2022, Petitioner shall file an amended petition for writ of habeas corpus that is originally signed under penalty of perjury. Petitioner is encouraged to use the enclosed official Form AO 241. To avoid confusion, any document Petitioner sends to the Clerk of the Court for filing in this case must clearly display the case number. Failure to file an amended petition in accordance 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 AO 241 ("Petition for Relief From a Conviction or Sentence By a Person in State Custody"). The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: November 25, 2022: Check for amended petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)
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Filing 7
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis, Filing No. #4 , 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 Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)
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| Filing 6 PRISONER ACCOUNT STATEMENT by Petitioner Daevier Kellogg. 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 5 LETTER by Clerk requesting plaintiff's trust account statement from institution. Letter mailed to Nebraska Department of Correctional Services. (LKO) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Daevier Kellogg. (LKO) |
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Filing 3
MEMORANDUM AND ORDER - Petitioner is directed to submit the $5.00 fee to the Clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action 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 following text: October 20, 2022: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)
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| Filing 2 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (copy mailed to pro se party) (LKO) |
| Filing 1 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Daevier Kellogg. (LKO) |
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