Anderson v. State of Nebraska et al
Case Number: 8:2019cv00172
Filed: April 30, 2019
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Nature of Suit: Habeas Corpus: General
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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Date Filed Document Text
January 11, 2021 Opinion or Order Filing 29 MEMORANDUM AND ORDER - Respondent's Motion for Summary Judgment (filing 19 ) is granted. The Amended Petition for Writ of Habeas Corpus (filing 9 ) is dismissed without prejudice. No certificate of appealability has been or will be issued. Judgment will be issued by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
August 31, 2020 Opinion or Order Filing 28 MEMORANDUM AND ORDER - The court will take no action on Petitioner's correspondence (filings 26 & 27 ). Petitioner has until September 9, 2020 to file a brief in opposition to Respondent's Motion for Summary Judgment. Petitioner may request an extension of time if needed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
August 13, 2020 Opinion or Order Filing 25 MEMORANDUM AND ORDER that the Respondent's Motion for Permission to Seal Partial Designation of State Court Records (filing 21 ) is granted. Respondent's Motion for Permission to Restrict Brief in Support of Motion for Summary Judgment (filing 23 ) is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
August 5, 2020 Opinion or Order Filing 18 ORDER - Respondent's motion (filing 17 ) is granted. For the limited purpose of this case, the Clerk of the District Court for Lancaster County shall disclose any records related to the commitment of Devin E. Anderson under the Nebraska Sex Off ender Commitment Act, Neb. Rev. Stat. § 71-1201 et seq, to Respondent's counsel so that Respondent may submit those records to this Court. Specifically, pursuant to Neb. Rev. Stat. § 71-961(1)(e), Troy Hawk, Clerk of the District Court of Lancaster County, Nebraska, shall produce a certified copy of the Mental Health Board of the Third Judicial District's Order in In The Interest of Devin E. Anderson, Case No. 2016-081, filed January 12, 2017, to Respondent's counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
July 9, 2020 Opinion or Order Filing 16 MEMORANDUM AND ORDER - that Respondent's Motion to Substitute Respondent (filing 15 ) is granted. The clerk's office is directed to update the court's records to reflect that Ashley Sacriste is the sole proper respondent in this action. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
June 25, 2020 Opinion or Order Filing 13 MEMORANDUM AND ORDER - Petitioner's motion to proceed IFP (filing 10 ) is denied as moot. Petitioner's motion for the appointment of counsel (filing 11 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
October 25, 2019 Opinion or Order Filing 8 MEMORANDUM AND ORDER - Petitioner shall file an amended petition in this case attacking either his current placement at the Lincoln Regional Center or his criminal conviction in the District Court of Lancaster County, Nebraska. If Petitioner intends to attack both, then he shall file an amended petition in this case attacking only his current placement at the Lincoln Regional Center and he shall file a new petition in a separate federal case attacking his criminal conviction. Petitioner is allow ed to proceed in forma pauperis in both federal cases--this one and the new case yet to be filed. Petitioner shall have until November 25, 2019, to file the amended petition in this case and the new petition. Failure to file an amended petition in ac cordance with this Memorandum and Order will result in dismissal of this matter without further notice. Petitioner's motion (filing no. 7 ) is denied. The clerk of the court is directed to send Petitioner two copies of the form petition for a w rit of habeas corpus under 28 U.S.C. § 2254. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: November 25, 2019: Check for amended petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with two copies of form petition for a writ of habeas corpus) (KMM)
April 30, 2019 Opinion or Order Filing 5 MEMORANDUM AND 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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