Ortega v. Frakes
Petitioner: Rodrigo A. Ortega
Respondent: Scott R. Frakes
Interested Party: Nebraska Attorney General
Case Number: 8:2020cv00209
Filed: June 5, 2020
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 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2020 Opinion or Order Filing 18 MEMORANDUM AND ORDER - Upon initial review of the amended habeas corpus petition (Filing No. #15 ), 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 24, 2020, 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 24, 2020: deadline for Respondent to file state court records in support of answer or motion for summary judgment. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 23, 2020: 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. The Clerk of Court shall term the deadlines set forth in Filing no. #11 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
July 10, 2020 Filing 17 NOTICE of Appearance by Attorney Austin N. Relph on behalf of Respondent Scott R. Frakes (Relph, Austin)
July 10, 2020 Opinion or Order Filing 16 ORDER that that Petitioner's motion to amend (Filing no. #14 ) is granted. Filing no. #15 becomes the operative petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
July 9, 2020 Filing 15 AMENDED PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Rodrigo A. Ortega. (LKO)
July 9, 2020 Filing 14 MOTION for Leave to File an Amended Petition on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 29, 2020 Opinion or Order Filing 13 ORDER - that Petitioner's Motion for Reconsideration (Filing no. #12 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
June 26, 2020 Filing 12 MOTION to Reconsider Appointment of Counsel on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 16, 2020 Opinion or Order 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 July 31, 2020, 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: July 31, 2020: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If the motion for summary judgment is denied, Respondent must file an answer, a designation and a brief that complies with terms of this order. (See the following paragraph.) The documents must be filed no later than 30 days after the denial of the motion for summary judgment. Respondent is warned that failure to file an answer, a designation and a brief in a timely fashion may result in the imposition of sanctions, including Petitioner's release. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 31, 2020: 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. Petitioner's Motion to Appoint Counsel (Filing No. #6 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
June 15, 2020 Filing 10 LETTER on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 15, 2020 TEXT ENTRY THAT FILING fee paid on behalf of Rodrigo A. Ortega on 06/15/2020. Receipt number 8056532, in the amount of $ 5.00. (LRM)
June 8, 2020 Opinion or Order Filing 9 MEMORANDUM AND ORDER - Petitioner's request to proceed IFP (Filing No. #3 ) is denied. Petitioner must pay the $5.00 filing fee within 30 days. Petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 8, 2020: deadline for Petitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
June 5, 2020 Filing 8 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO)
June 5, 2020 Filing 7 Certificate of Service on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 5, 2020 Filing 6 MOTION to Appoint Counsel on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 5, 2020 Filing 4 PRISONER ACCOUNT STATEMENT by Petitioner Rodrigo A. Ortega. 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)
June 5, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 5, 2020 Filing 2 BRIEF in support of Petition for Writ of Habeas Corpus #1 on behalf of Petitioner Rodrigo A. Ortega. (LKO)
June 5, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Rodrigo A. Ortega. (LKO)

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Interested party: Nebraska Attorney General
Represented By: Douglas J. Peterson
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Respondent: Scott R. Frakes
Represented By: Austin N. Relph
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Petitioner: Rodrigo A. Ortega
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