Allee v. Warden of USP McCreary et al
Petitioner: Justin James Allee
Respondent: State of Nebraska and Warden of USP McCreary
Interested Party: Nebraska Attorney General
Case Number: 8:2017cv00455
Filed: November 27, 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
August 21, 2018 Opinion or Order Filing 20 MEMORANDUM AND ORDER - the letter, treated as a motion for reconsideration (filing no. 19 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
August 2, 2018 Opinion or Order Filing 17 MEMORANDUM AND ORDER - that the habeas corpus petition (filing no. 1 ) is denied and dismissed without prejudice. No certificate of appealability has been or will be issued. Judgment will be issued by separate document. Additionally, the motion for dismissal (filing no. 13 ) is granted and the motion to strike and motion for default (filing 16 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
May 15, 2018 Opinion or Order Filing 15 MEMORANDUM AND ORDER - Petitioner's Motion for Appointment of Counsel (filing no. 12 , part 1) is denied without prejudice to reassertion. Petitioner's Motion to be Moved (filing no. 12 , part 2) is denied. Petitioner shall have thirty (3 0) days from the date of this order to file a brief in opposition to the motion to dismiss. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: June 14, 2018: check for Petitioner's brief in opposition to motion to dismiss. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 26, 2018 Opinion or Order Filing 11 MEMORANDUM AND ORDER - Respondents' Motion to Substitute Respondent (filing no. 10 ) is granted. The clerk's office is directed to update the court's records to reflect that Scott R. Frakes is the proper respondent in this action. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 3, 2018 Opinion or Order Filing 9 MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing No. 1 ), the court preliminarily determines that Petitioner's claims, as they are set forth in this Memorandum and Order, are potentially cognizable in federal cou rt. By May 18, 2018, Respondents must file a motion for summary judgment or state 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: May 18, 2018: deadline for Respondents to file state court records in support of answer or motion for summary judgment. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: June 18, 2018: check for Respondents' answer and separate brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
December 4, 2017 Opinion or Order Filing 6 MEMORANDUM AND ORDER - Petitioner's request to proceed IFP (Filing No. 2 ) is 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 this case wi thout further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 3, 2018: 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; e-mailed to Finance) (KLF)
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Search for this case: Allee v. Warden of USP McCreary et al
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Petitioner: Justin James Allee
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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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Respondent: Warden of USP McCreary
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