Phelps v. Warden Peart
Petitioner: David Carl Phelps
Respondent: Warden Peart
Interested Party: Nebraska Attorney General
Case Number: 8:2014cv00151
Filed: May 15, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Pro Se Docket
Presiding Judge: Richard G. Kopf
Nature of Suit: Habeas Corpus: General
Cause of Action: 28:2254 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 31, 2016 Opinion or Order Filing 51 ORDER - Petitioner's Application for Certificate of Appealability (Filing No. 48 ), treated as a motion for reconsideration, is denied. Petitioner's appeal appears to be taken in good faith, and, pursuant to FRAP 24(a)(3), he may proceed in forma pauperis. The clerk is directed to process the appeal and to provide a copy of this order to the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
September 30, 2016 Opinion or Order Filing 45 MEMORANDUM AND ORDER - Petitioner's application for a writ of habeas corpus is denied, and this action is dismissed with prejudice. Judgment shall be entered by separate document. A certificate of appealability will not be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 26, 2016 Opinion or Order Filing 40 MEMORANDUM AND ORDER - Respondent shall have until the close of business on August 4, 2016, to reply to Petitioner's brief (Filing No. 35 ). This matter will be taken under submission by the court immediately upon the filing of a reply or August 5, 2016, whichever occurs first. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
May 25, 2016 Opinion or Order Filing 39 ORDER that Respondent's motion for extension of time (Filing No. 38 ) is granted, and the case shall progress as follows: Respondent shall have until June 3, 2016, to reply to Petitioner's brief (Filing No. 35 ). No discovery shall be undertaken without leave of court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 22, 2016 Opinion or Order Filing 37 ORDER granting 36 Motion to Extend. Respondent shall have until May 24, 2016, to reply to Petitioner's brief (Filing No. 35 ). No discovery shall be undertaken without leave of court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
January 28, 2016 Opinion or Order Filing 33 ORDER that Petitioner's unopposed motion for extension of time (Filing No. 32 ) is granted, and the case shall progress as follows: 1. Petitioner shall have until March 28, 2016, to file a brief in response to Respondent's initial brief (F iling No. 23 ). 2. Respondent shall file a reply within 30 days after filing and service of Petitioner's brief. 3. No discovery shall be undertaken without leave of court. 4. Petitioner's motion for hearing (Filing No. 29 ) is deemed withdrawn, and is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
January 6, 2016 Opinion or Order Filing 31 ORDER that on or before January 27, 2016, Petitioner shall file a supplemental brief in support of his motion for hearing (Filing No. 29 ) in which he shall: a. Specify why an evidentiary hearing is necessary; and b. Describe in detail what evidenc e he intends to offer at such hearing. Respondent shall respond to Petitioner's supplemental brief within 21 days after its filing and service, and shall indicate whether he has objections to any of the evidence identified by Petitioner. Petiti oner shall have 7 days after filing and service of Respondent's brief to file a reply. Petitioner shall not be required to respond to Respondent's initial brief (Filing No. 23 ) until further ordered by the court. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 14, 2015 Opinion or Order Filing 28 ORDER granting 27 motion for extension of time. Petitioner shall have until November 13, 2015, to file a brief in response to Respondent's brief (Filing No. 23 ). In all other respects, the court's progression order (Filing No. 18 , as modified by Filing Nos. 22 and 26 ) shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 17, 2015 Opinion or Order Filing 26 ORDER - Petitioner's unopposed motion for extension of time (Filing No. 24 ) is granted, as follows: 1. Petitioner shall have until October 14, 2015, to file a brief in response to Respondent's brief (Filing No. 23 ). 2. In all other respects, the court's progression order (Filing No. 18 , as modified by Filing No. 22 ) shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (GJG)
August 11, 2015 Opinion or Order Filing 22 ORDER - IT IS ORDERED that Respondent's unopposed motion for extension of time (Filing No. 21 ) is granted, as follows: Respondent shall have until August 14, 2015, to file a brief addressing each of Petitioner's habeas claims. In all other respects, the court's progression order (Filing No. 18 ) shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (TCL )
April 21, 2015 Opinion or Order Filing 16 MEMORANDUM AND ORDER - On initial review, the 10 constitutional claims raised by Petitioner in the Amended Petition for a Writ of Habeas Corpus (Filing No. 14 ) are potentially cognizable for purposes of federal habeas corpus relief. The parties are cautioned that this determination is preliminary only. No amendments or supplements to the Amended Petition for a Writ of Habeas Corpus shall be filed without first securing leave of court. No discovery shall be undertaken without leave of th e court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. No later than May 22, 2015, counsel for Petitioner and Respondent shall confer and file a joint motion suggesting a suitable progression of this case. The court will enter an order progressing this case to disposition following the filing of the joint motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
September 23, 2014 Opinion or Order Filing 7 MEMORANDUM AND ORDER - The Federal Public Defender's Office for the District of Nebraska is appointed to represent Petitioner. An attorney from the Federal Public Defender's Office shall promptly enter his appearance as counsel in this ma tter. No later than 60 days from the date of this order, counsel for Petitioner shall file an amended petition for writ of habeas corpus that fully sets forth Petitioner's grounds on which he claims he is being held in violation of the Const itution, laws or treaties of the United States. The clerks office is directed to enter the following pro se case management deadline: November 24, 2014: Check for amended petition. Following the filing of the amended petition, the court will ente r an order progressing this matter to disposition. Although counsel has been appointed, this matter will remain assigned to the pro se docket. The clerk's office shall provide the Federal Public Defenders Office, Petitioner, and the Nebraska Attorney Generals Office with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and provided as directed)(GJG)
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Interested party: Nebraska Attorney General
Represented By: Jon C. Bruning
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Respondent: Warden Peart
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Petitioner: David Carl Phelps
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