Harper v. Houston et al
Petitioner: Ernest C. Harper
Respondent: Nebraska Department of Correctional Services, Fred Britten and Robert P. Houston
Interested Party: Nebraska Attorney General
Case Number: 8:2011cv00324
Filed: September 22, 2011
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
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
February 12, 2013 Opinion or Order Filing 44 MEMORANDUM AND ORDER denying 43 Motion for Reconsideration. The court will not issue a certificate of appealability in this matter. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB)
December 6, 2012 Opinion or Order Filing 41 MEMORANDUM AND ORDER that Part 3 of Petitioner Ernest C. Harper's habeas claim, as summarized in the court's March 9, 2012, Memorandum and Order, is dismissed with prejudice; Parts 1 and 2 of Petitioner's habeas claim, as summarized in the court's March 9, 2012, Memorandum and Order remain dismissed without prejudice; A separate judgment will be entered in accordance with this Memorandum and Order; and Petitioner's Objection (filing 35 ) is denied. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (ADB)
May 25, 2012 Opinion or Order Filing 26 MEMORANDUM AND ORDER - Parts 1 and 2 of Petitioner's habeas claim, as set forth in the court's March 9, 2012, Memorandum and Order are dismissed without prejudice. By July 9, 2012, Respondents shall file all state court records which are relevant to the remaining cognizable claim (Part 3). The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 8, 2012: check for Respondents to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
March 30, 2012 Opinion or Order Filing 24 ORDER denying 21 Motion for Reconsideration ; denying 22 Motion for Certificate of Appealability. In accordance with the court's March 9, 2012, Memorandum and Order, Petitioner shall have until April 6, 2012, to either amend his Petition to delete the successive claims (Parts 1 and 2 of his claim), or to seek authorization from the Eighth Circuit Court of Appeals to proceed on these successive claims; and In the event that Petitioner takes no action by April 6, 2012, the court will dismiss Parts 1 and 2 of Petitioner's habeas claim and will progress this matter on the merits of Part 3 only. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )
March 9, 2012 Opinion or Order Filing 20 MEMORANDUM AND ORDER denying 13 Motion to Dismiss; petitioner's objection to Motion for Summary Dismissal 16 is granted; All other pending motions are denied; Petitioner shall have until April 9, 2012, to either amend his Petition to dele te the successive claims (Parts 1 and 2 of his claim), or to seek authorization from the Eighth Circuit Court of Appeals to proceed on these successive claims; In the event that Petitioner takes no action by April 9, 2012, the court will dismiss Pa rts 1 and 2 of Petitioner's habeas claim and will progress this matter on the merits of Part 3 only; and The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 9, 2012: Deadline for Petitioner to amend petition or seek authorization on successive claims. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB )
November 7, 2011 Opinion or Order Filing 11 MEMORANDUM AND ORDER that upon initial review of the Petition 1 , the court preliminarily determines that Petitioner's claim is potentially cognizable in federal court. The Clerk is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Nebraska Attorney General by regular first-class mail. The Clerk is directed to set a pro se case management deadline for December 22, 2011: deadline for Respondents to file state court records in support of answer or motion for summary judgment. The Clerk is directed to set a pro se case management deadline for January 23, 2012: check for Respondents to file answer and separate brief. Petitioner's Application for Certificate of Appealability 2 is denied without prejudice to reassertion after resolution fo the Petition. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed and to pro se party) (JSF)
October 12, 2011 Opinion or Order Filing 9 MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (Filing No. 7 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party)(GJG)
September 27, 2011 Opinion or Order Filing 6 MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defect in the Petition on or before October 27, 2011. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice . The Clerk of the court 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 case with the following text: October 27, 2011: deadline to submit IFP application or pay $5.00 filing fee. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party along with form)(GJG)
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: Nebraska Department of Correctional Services
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Respondent: Fred Britten
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Respondent: Robert P. Houston
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Petitioner: Ernest C. Harper
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