Gardner v. State of Nebraska
| Justin Gardner |
| State of Nebraska |
| Nebraska Attorney General |
| 8:2018cv00046 |
| February 12, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
179
ORDER - IT IS THEREFORE ORDERED that: 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)(TCL)
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Filing
170
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that Petitioner's Motion for Leave to Appeal in Forma Pauperis (filing 167) is denied. This matter is closed, and Petitioner should refrain from filing any further frivolous appeals in this court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)
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Filing
161
ORDER - To the extent Petitioner seeks this court's permission to proceed in forma pauperis on appeal, his motion (filing 160 ) is denied for the reasons given in the court's January 6, 2022 Memorandum and Order. The Clerk of the Court is directed to transmit Petitioner's Supplemental Notice of Appeal (filing 159 ) and Motion for Leave to Proceed on Appeal in Forma Pauperis (filing 160 ) to the Eighth Circuit Court of Appeals as a supplement to his Notice of Appeal (filing 153 ). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & transmitted to 8th circuit as directed)(LKO)
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Filing
155
MEMORANDUM AND ORDER that 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)(LAC)
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Filing
144
ORDER that Petitioner's "Petition for Permission to Appeal" (Filing 142 ), construed as a motion, is denied. This matter is already pending on appeal before the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
136
ORDER that Petitioner's Motion for Leave to Proceed on Appeal In Forma Pauperis (filing 133 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
128
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)
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Filing
125
ORDER: The Notice of Appeal to USCA 123 regarding filing 118 construed as a motion to appeal in forma pauperis is denied as it is not taken in good faith. No certificate of appealability will be issued. The Clerk shall not process the appeal but shall send a copy of this Order to the Clerk of the Court of Appeals and Mr. Gardner. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (ADB)
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Filing
118
ORDER - that Petitioner's Motion for Leave to Appeal in forma pauperis (Filing 112 ) is not taken in good faith and is denied. Petitioner's Request for Transcript (Filing 114 ) and Notice of Subpoena (Filing 115 ) are denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
100
ORDER - that the application (Filing 94 ) and the motion to vacate (Filing 96 ) are denied. The Clerk shall provide the Clerk of the United States Court of Appeals of the Eighth Circuit with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Regenerated to the 8th Circuit)(LKO)
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Filing
88
ORDER The Clerk of this Court shall not process the Notice of Appeal (Filing 81 ) but shall provide the Clerk of the Court of Appeals with a copy of this order. The motion for leave to proceed in forma pauperis (Filing 83 ) is denied. The various motions related to this appeal (Filings 85 , 86 , 87 ) are denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LRM)
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Filing
70
ORDER that the Clerk of this Court shall not process the notice of appeal 68 , but shall provide the Clerk of the Court of Appeals with a copy of this Order. Ordered by Senior Judge Richard G. Kopf. (copy provided to USCA clerk) (MBM)
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Filing
58
ORDER that the notice of appeal construed as a motion to proceed in forma pauperis (filing no. 56 ) is denied. The Clerk shall send a copy of this order to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
49
ORDER that that the Petitioner's motion (filing no. 48 ), construed to be a motion to appeal in forma pauperis, is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
42
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)
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Filing
34
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)
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Filing
7
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)
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Filing
4
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)
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Filing
3
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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