Fletcher v. Frakes
| Barry Fletcher |
| Scott Frakes |
| Nebraska Attorney General |
| 8:2016cv00468 |
| October 14, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
21
MEMORANDUM AND ORDER- that Motion for Relief from Judgment Pursuant to Rule60(b)(4) (filing no. 20 ) is denied and dismissed with prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
13
MEMORANDUM AND ORDER - Fletcher's petition (filing no. 1 ) is denied and dismissed with prejudice. The motion to dismiss (filing no. 8 ) is granted. A certificate of appealability has not and will not be issued. A separate judgment will be entered. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
10
ORDER - Petitioner shall file a brief in response to the Respondent's motion to dismiss (filing no. 8 ) on or before February 13, 2017. The Respondent's reply brief to the Petitioner's response is due February 23, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
7
ORDER denying without prejudice the 6 Motion for Leave to file for discovery because the motion is premature. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMG)
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Filing
5
ORDER - Upon initial review of the habeas corpus petition (Filing No. 1 ), the court preliminarily determines that Petitioner's claim, as set forth in this Memorandum and Order, is potentially cognizable in federal court. The clerk of the c ourt is directed to mail copies of this Memorandum and Order and the habeas corpus petition to Respondent and the Nebraska Attorney General by regular first-class mail. By January 13, 2017, Respondent must file a motion for summary judgment or st ate court 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: January 13, 2017: deadline for Respondent to file state court records in support of answe r or motion for summary judgment. If Respondent elects to file an answer, the following procedures must be followed by Respondent and Petitioner: By January 13, 2017, Respondent must file all state court records that are relevant to the cognizable claim. See, e.g., Rule 5(c)-(d) of the Rules Governing Section 2254 Cases in the United States District Courts. Those records must be contained in a separate filing entitled: "Designation of State Court Records in Support of Answer." The clerk of the court is directed to set a pro se case management deadline in this case using the following text: February 13, 2017: check for Respondents 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 United States District Courts. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)
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Filing
3
ORDER that 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: November 17, 2016: Check for MIFP or payment.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MLF, )
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