Gardner v. State of Nebraska
Petitioner: Justin Gardner
Respondent: State of Nebraska
Interested Party: Nebraska Attorney General
Case Number: 8:2017cv00255
Filed: July 13, 2017
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
June 8, 2022 Opinion or Order Filing 62 ORDER - Petitioner may not proceed on appeal in forma pauperis. This matter is closed, and Petitioner should refrain from filing any further frivolous appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
March 31, 2022 Opinion or Order Filing 56 MEMORANDUM AND ORDER - Petitioner's motion for relief in all of the above cases (Filing 55 , Case No. 8:17CV255; Filing 35, Case No. 8:17CV389; Filing 47, Case No. 8:17CV390; Filing 49, Case No. 8:18CV241; Filing 30, Case No. 8:18CV557) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
February 25, 2022 Opinion or Order Filing 51 MEMORANDUM AND ORDER - Petitioner may not proceed on appeal in forma pauperis. This matter is closed, and Petitioner should refrain from filing any further frivolous appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 27, 2018 Opinion or Order Filing 37 MEMORANDUM AND ORDER - that Petitioner may not proceed on appeal in forma pauperis. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
May 8, 2018 Opinion or Order Filing 27 MEMORANDUM AND ORDER - The court finds Petitioner did not file a timely notice of appeal. The court will not act on Petitioners notice of appeal. (Filing No. 24 ). The clerk of court is directed to send a copy of Petitioners notice of appeal and a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LKO)
March 1, 2018 Opinion or Order Filing 21 MEMORANDUM AND ORDER - that the Petition for Writ of Habeas Corpus (Filing No. 1 ) is denied without prejudice. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 24, 2018 Opinion or Order Filing 20 MEMORANDUM AND ORDER - Petitioner is directed to file an amended petition for writ of habeas corpus 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 with out further notice. The clerk of the court is directed to send to Petitioner the Form AO 241 ("Petition for Relief From a Conviction or Sentence By a Person in State Custody"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: February 23, 2018: Check for amended petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with Form AO 241) (KLF)
October 18, 2017 Opinion or Order Filing 18 MEMORANDUM AND ORDER that Petitioner's Motion to Appoint Counsel and for Discovery (Filing No. 13 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
September 29, 2017 Opinion or Order Filing 12 MEMORANDUM AND ORDER - Petitioner's request to proceed IFP (Filing Nos. 3 , 11 .) are denied. Petitioner must pay the $5.00 filing fee within 30 days. Petitioner is warned that if the fee is not paid as required, the court may dismiss thi s case without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 30, 2017: deadline for Petitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 13, 2017 Opinion or Order Filing 8 MEMORANDUM AND ORDER - The clerk's office is directed to re-open Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 3 ). The clerk's office is directed to request a certified trust account statement for Petitioner from the Diagnostics and Evaluation Center in Lincoln, Nebraska. The clerk's office is directed to update Petitioner's address on the docket sheet to reflect that Petitioner is confined at the Diagnostics and Evaluation Center. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 16, 2017 Opinion or Order Filing 6 MEMORANDUM AND ORDER - Petitioner must update his address within 30 days. Failure to do so will result in dismissal of this action without further notice to Petitioner. Petitioner must either file a new request for leave to proceed in forma pauperis or pay the $5.00 filing fee within 30 days. Failure to take either action will result in dismissal of this matter without further notice to Petitioner. Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 3 ) filed on Jul y 31, 2017, while Petitioner was confined, is denied as moot. The clerk of the court is directed to set a pro se case management deadline with the following text: September 15, 2017: deadline for Petitioner to file new IFP application or pay filing fee and to update his address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
July 13, 2017 Opinion or Order Filing 2 MEMORANDUM AND ORDER: Petition 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 furthe r notice. The clerk of court is directed to send to Petitioner the Form AO250. The clerk of court is directed to set a pro se case management deadline. ***Pro Se Case Management Deadlines: 8/14/2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with form AO240.) (KMG)
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Petitioner: Justin Gardner
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Interested party: Nebraska Attorney General
Represented By: Douglas J. Peterson
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Respondent: State of Nebraska
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