McCray v. Frakes
Petitioner: Samuel McCray
Respondent: State of Nebraska and Scott R. Frakes
Interested Party: Nebraska Attorney General
Case Number: 8:2021cv00007
Filed: January 6, 2021
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 September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2021 Opinion or Order Filing 11 ORDER - that Respondent's Motion to Substitute Respondent (Filing #10 ) is granted. Scott R. Frakes, the Director of the Nebraska Department of Correctional Services, shall be the sole respondent in this case Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
March 1, 2021 Filing 10 MOTION to Substitute Party by Attorney Erin E. Tangeman on behalf of Respondent State of Nebraska.(Tangeman, Erin)
March 1, 2021 Filing 9 NOTICE of Appearance by Attorney Erin E. Tangeman on behalf of Respondent State of Nebraska (Tangeman, Erin)
February 2, 2021 Opinion or Order Filing 8 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Upon initial review of the habeas corpus petition (Filing 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 March 19, 2021, 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: March 19, 2021: 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: April 19, 2021: 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)(TCL)
January 27, 2021 FILING FEE PAID on behalf of Petitioner Samuel McCray. Receipt number 8059034, in the amount of $ 5.00. (LRM)
January 21, 2021 Opinion or Order Filing 7 MEMORANDUM AND ORDER - Petitioner's request to proceed IFP (Filing #2 ) 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: February 22, 2021: 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)
January 19, 2021 Filing 6 PRISONER ACCOUNT STATEMENT by Petitioner Samuel McCray. 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)
January 7, 2021 Filing 5 LETTER by Clerk requesting plaintiff's trust account statement from institution. Letter mailed to Nebraska Department of Correctional Services. (LKO)
January 6, 2021 Filing 4 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO)
January 6, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Samuel McCray. (LKO)
January 6, 2021 Filing 1 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Samuel McCray. (LKO)

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Interested party: Nebraska Attorney General
Represented By: Douglas J. Peterson
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Respondent: State of Nebraska
Represented By: Erin E. Tangeman
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Respondent: Scott R. Frakes
Represented By: Erin E. Tangeman
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Petitioner: Samuel McCray
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