Moss v. Frakes
Petitioner: Bobby J. Moss
Respondent: Scott Frakes
Interested Party: Nebraska Attorney General
Case Number: 8:2016cv00479
Filed: October 24, 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

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Date Filed Document Text
May 16, 2017 Opinion or Order Filing 19 ORDER - The petitioner may proceed on appeal in forma pauperis. As recited in the memorandum and order, as well as the judgment, and to be triply obvious, no certificate of appealability has been or will be issued. The Clerk shall process the appeal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
May 5, 2017 Opinion or Order Filing 15 MEMORANDUM AND ORDER - the motion for writ of habeas corpus under 28 U.S.C. § 2254 (filing no. 1 ) is denied and dismissed with prejudice. No certificate of appealability has been or will be issued. A separate judgment will be entered. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 25, 2017 Opinion or Order Filing 12 ORDER - The Petitioner's motion for extension of time to file reply to Respondent's answer (filing no. 10 ) is granted in part and denied in part. The Petitioner's responsive brief to the Respondent's answer is due on or before March 17, 2017. The Petitioner's motion for appointment of counsel (filing no. 11 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 1, 2016 Opinion or Order Filing 6 ORDER - Upon initial review of the Petition (Filing No. 1 ), the court preliminarily determines that Petitioner's claims are potentially cognizable in federal court. By December 16, 2016, 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: December 16, 2016: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file a motion for summary judgment, the following procedures must be followed by Respondent and Petitioner. If Respondent elects to file an answer, the following procedures must be followed by R espondent and Petitioner. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 17, 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) (KLF)
October 25, 2016 Opinion or Order Filing 5 ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of the Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Respondent: Scott Frakes
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Petitioner: Bobby J. Moss
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Interested party: Nebraska Attorney General
Represented By: Douglas J. Peterson
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