Coutts v. Department of Correctional Services et al
| James A. Coutts |
| Scott White, Michelle Capps, Shane Monthey, Thomas G. Lieske, Scott Frakes, Department of Correctional Services, Kearney County Sheriff's Department, Cory Ziola, Justin Glanzer and State of Nebraska |
| Nebraska Attorney General |
| 8:2019cv00218 |
| May 16, 2019 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
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 court. By August 26, 2019, 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: August 26, 2019: deadline for Respondent to file state court records in support of answer or motion for summary judgment. No discovery shall be undertaken without leave of the court. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 23, 2019: check for Respondent's answer and separate brief. 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)(LKO)
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| Filing 10 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner James A. Coutts. (LKO) |
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Filing 9
MEMORANDUM AND ORDER - The petition (filing no. #1 ) (including the attachment) is denied and dismissed without prejudice. The motions (filing no. #4 , filing no. #5 and filing no. #6 ) are denied. The petitioner shall have until July 8, 2019, to file a new petition using the official form. The petitioner is advised that the Clerk must be in receipt of the new petition by the foregoing date, as I have taken into account the prison mail box rule when setting this deadline. If a proper petition is not filed by that date, this entire matter may be dismissed without prejudice and without further notice. The Clerk shall mail to the petitioner a copy of this Memorandum and Order and two copies of the Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus and one copy of the Complaint for Violation of Civil Rights (Prisoner). My chambers shall call this matter to my attention on July 9, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with forms) (LKO)
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Filing 8
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/e-mailed to pro se party)(LKO)
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| Filing 7 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 6 MOTION for Telephonic Hearing on behalf of Petitioner James A. Coutts. (LKO) |
| Filing 5 MOTION for Exhibits on behalf of Petitioner James A. Coutts. (LKO) |
| Filing 4 MOTION for Summons on behalf of Petitioner James A. Coutts. (LKO) |
| Filing 3 PRISONER ACCOUNT STATEMENT by Petitioner James A. Coutts. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner James A. Coutts. (LKO) |
| Filing 1 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner James A. Coutts. (Attachments: #1 Supplement)(LKO) |
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