Simnick v. Gage
Petitioner: Kevin A. Simnick
Respondent: Brian Gage
Interested Party: Nebraska Attorney General
Case Number: 8:2013cv00221
Filed: July 23, 2013
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
October 29, 2014 Opinion or Order Filing 29 MEMORANDUM AND ORDER - This matter is dismissed with prejudice, and a separate judgment will be entered in accordance with this Memorandum and Order. 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)(GJG)
May 5, 2014 Opinion or Order Filing 25 MEMORANDUM AND ORDER - Petitioner's Motion for Evidentiary Hearing (Filing No. 19 ) is denied without prejudice. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
October 15, 2013 Opinion or Order Filing 6 MEMORANDUM AND ORDER - Upon initial review of the Petition (Filing No. 1 ), the Court preliminarily determines that Claims One through Seven, as set forth in this Memorandum and Order, are potentially cognizable in federal court. The Clerk's Office is directed to mail copies of this Memorandum and Order and the Petition to Respondent and the Nebraska Attorney General by regular first-class mail. By November 25, 2013, Respondent shall file a motion for summary judgment or state court re cords in support of an answer. The Clerk's Office is directed to set a pro se case management deadline in this case using the following text: November 25, 2013: 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 as set forth in this Memorandum and Order shall be followed by Respondent and Petitioner. The Clerk of the court is directed to set a pro se case management dea dline in this case using the following text: December 23, 2013: 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 Unite d States District Courts. Petitioner's Motion for Appointment of Counsel (Filing No. 2 ) is denied without prejudice to reassertion. Petitioner's Motion for Status (Filing No. 5 ) is granted to the extent it is consistent with this Me morandum and Order. The Court has received payment of the filing fee in this matter in the amount of $5.00. No overpayment has been received and no refund will be processed. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
July 25, 2013 Opinion or Order Filing 4 MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defects within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismissal of this matter without f urther 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: August 26, 2013: Check for MIFP or payment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
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Petitioner: Kevin A. Simnick
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: Brian Gage
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