Fletcher v. Frakes
Petitioner: Barry Fletcher
Respondent: Scott Frakes
Interested Party: Nebraska Attorney General
Case Number: 8:2016cv00468
Filed: October 14, 2016
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 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
August 15, 2018 Opinion or Order 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)
March 2, 2017 Opinion or Order 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)
January 18, 2017 Opinion or Order 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)
December 19, 2016 Opinion or Order 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)
November 29, 2016 Opinion or Order 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)
October 18, 2016 Opinion or Order 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, )
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System

Search for this case: Fletcher v. Frakes
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Barry Fletcher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Scott Frakes
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Nebraska Attorney General
Represented By: Douglas J. Peterson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?