Gardner v. State of Nebraska

Petitioner: Justin Gardner
Respondent: State of Nebraska
Interested Party: Nebraska Attorney General
Case Number: 8:2018cv00046
Filed: February 12, 2018
Court: Nebraska District Court
Office: 8 Omaha Office
Referring Judge: Pro Se Docket
Presiding Judge: Richard G. Kopf
Nature of Suit: Habeas Corpus: General
Cause of Action: 28:2254 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 28, 2018 42 Opinion or Order of the Court ORDER that Petitioner's Motion for Leave to Appeal in Forma Pauperis 41 is granted. The clerk's office is directed to provide the Eighth Circuit Court of Appeals with a copy of this order. The Petitioner's motion for evidentiary hearing 40 is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and provided to circuit)(MBM)
August 21, 2018 34 Opinion or Order of the Court MEMORANDUM AND ORDER - Petitioner is advised that if he wishes to appeal the denial and dismissal of his petition for writ of habeas corpus, a separate notice of appeal must be filed. To avoid confusion, the notice of appeal should specifically refer to the memorandum and order and judgment denying the petition for writ of habeas corpus. If Petitioner wishes to proceed in forma pauperis on the appeal of the denial and dismissal of his petition for writ of habeas corpus, he must submit a separate application to proceed in forma pampers. The Clerk shall mail to Petitioner a copy of the form for the application to proceed in forma pampers. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party w/ application proceed IFP) (LKO)
May 9, 2018 7 Opinion or Order of the Court ORDER that Petitioner's Motion to Appoint Legal Counsel (Filing No. 6 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 26, 2018 4 Opinion or Order of the Court ORDER that 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 court. By May 10, 2018, Respondent 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 10, 2018: deadline fo r 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 t o file an answer, the following procedures must be followed by Respondent and Petitioner. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: June 11, 2018: check for Respondent's 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)(LAC)
February 14, 2018 3 Opinion or Order of the Court ORDER that the 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 not ice. 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: March 16, 2018: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)

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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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