Lathrop v. Britton
Petitioner: Daniel J. Lathrop
Respondent: Attorney General of Nebraska and Fred Britten
Interested Party: Nebraska Attorney General
Case Number: 8:2011cv00032
Filed: February 2, 2011
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

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Date Filed Document Text
September 28, 2011 Opinion or Order Filing 23 MEMORANDUM AND ORDER denying as duplicative the Petitioner's 21 Motion for Leave to Appeal in forma pauperis. The Clerk of the court is directed not to process Petitioners duplicative Notice of Appeal and to send a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party) (MKR)
August 31, 2011 Opinion or Order Filing 17 MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal In Forma Pauperis (filing no. 14 ) is granted. Petitioner's Notice of Appeal, liberally construed as a request for a certificate of appealability (filing no. 13 ) is denied without prejudice to reassertion before the Eighth Circuit. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
June 27, 2011 Opinion or Order Filing 11 MEMORANDUM AND ORDER - Petitioner Daniel J. Lathrop's Petition for Writ of Habeas Corpus (filing no. 1 ) is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)
March 7, 2011 Opinion or Order Filing 4 MEMORANDUM AND ORDER - The Clerk of court is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Nebraska Attorney General. By April 18, 2011, Respondents shall file a motion for summary judgment or state cou rt 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 18, 2011: deadline for Respondents to file state court records in support of answer or motion for summary judgment. If Respondents elect to file an answer, the following procedures shall be followed by Respondents and Petitioner: A. By April 18, 2011, Respondents shall file all state court records which 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 shall be contained in a separate filing entitled: "Designation of State Court Records In Support of Answer." The Cler k of the court is directed to set a pro se case management deadline in this case using the following text: May 18, 2011: check for Respondents to file answer and separate brief. Petitioner's Motion for Appointment of Counsel (filing no. 2 ) is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(GJG)
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Petitioner: Daniel J. Lathrop
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: Attorney General of Nebraska
Represented By: George R. Love
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Respondent: Fred Britten
Represented By: George R. Love
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