Weathers v. Frakes
Petitioner: Brandon J. Weathers
Respondent: Scott Frakes
Interested Party: Nebraska Attorney General
Case Number: 8:2019cv00296
Filed: July 5, 2019
Court: US District Court for the District of Nebraska
Presiding Judge: Pro Se Docket
Referring Judge: Richard G Kopf
Nature of Suit: Habeas Corpus: General
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2019 Opinion or Order Filing 13 ORDER that the Petitioner's Motion for Leave of Court to Amend (filing no. #9 ) is granted. Filing no. 9-1 shall be the operative Petition. The Court will conduct an initial review of the Amended Petition (filing no. 9-1) in due course and thereafter issue a progression order if necessary. All dates set out in the initial progression order are canceled. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
August 23, 2019 Filing 12 RESPONSE regarding Memorandum and Order, Set/Reset All Deadlines, Set/Reset Motion and R&R Deadlines/Hearings #10 Petitioner's motion for leave to amend by Attorney Erin E. Tangeman on behalf of Respondent Scott Frakes.(Tangeman, Erin)
August 23, 2019 Filing 11 STATE COURT RECORDS regarding: Memorandum and Order,,,,,, Set/Reset Pro Se Case Management Deadlines,,,,, #7 by Attorney Erin E. Tangeman on behalf of Respondent Scott Frakes. (Attachments: #1 Docket Sheet, #2 Docket Sheet, #3 Opinion, #4 Opinion, #5 Brief, #6 Brief, #7 Reply Brief, #8 Petition for Further Review, #9 Brief, #10 Brief, #11 Reply Brief, #12 Petition for Further Review, #13 Transcript, #14 Supp. Transcript, #15 Transcript, #16 Bill of Exceptions, #17 Bill of Exceptions, #18 Bill of Exceptions, #19 Bill of Exceptions, #20 Bill of Exceptions, #21 Bill of Exceptions, #22 Bill of Exceptions, #23 Bill of Exceptions, #24 Bill of Exceptions)(Tangeman, Erin)
August 22, 2019 Opinion or Order Filing 10 MEMORANDUM AND ORDER that Respondent shall respond to Petitioner's motion for leaveto amend (filing no. #9 ) on or before September 4, 2019. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
August 21, 2019 Filing 9 MOTION to Amend on behalf of Petitioner Brandon J. Weathers. (Attachments: #1 2254 Petition) (LAC)
August 8, 2019 Filing 8 NOTICE of Appearance by Attorney Erin E. Tangeman on behalf of Respondent Scott Frakes (Tangeman, Erin)
July 9, 2019 Opinion or Order Filing 7 MEMORANDUM AND 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 August 23, 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 23, 2019: deadline for 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 to 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: September 23, 2019: 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)
July 8, 2019 Opinion or Order Filing 6 ORDER that the 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) (LAC)
July 5, 2019 Filing 5 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (MBM)
July 5, 2019 Filing 3 PRISONER ACCOUNT STATEMENT by Petitioner Brandon J. Weathers. 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). (MBM)
July 5, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Brandon J. Weathers. (MBM)
July 5, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by pro se petitioner Brandon J. Weathers. (MBM)

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Petitioner: Brandon J. Weathers
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Respondent: Scott Frakes
Represented By: Erin E. Tangeman
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Interested party: Nebraska Attorney General
Represented By: Douglas J. Peterson
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