Kyaw v. Nebraska
| Tun Aung Kyaw |
| Nebraska |
| Nebraska Attorney General |
| 8:2022cv00007 |
| January 7, 2022 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 9
MEMORANDUM AND ORDER - 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 April 18, 2022, 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: April 18, 2022: deadline for Respondent to file state court records in support of answer or 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: May 18, 202: 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)(LKO)
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Filing 8
MEMORANDUM AND ORDER - The pending Petition (filing #1 ) is deemed insufficient, and the court will not act upon it. On or before February 28, 2022, Petitioner shall submit an amended Petition that is originally signed under penalty of perjury. Petitioner is directed to use the official AO Form 241. Petitioner is warned that the failure to comply with this order may result in dismissal of this case without prejudice and without further notice. The Clerk of Court is directed to send Petitioner a Form AO 241, Petition for Writ of Habeas Corpus Under 28 U.S.C. 2254. The Clerk of Court is directed to set a pro se case management deadline in this case using the following text: February 28, 2022: deadline for Petitioner to submit amended petition correcting signature deficiency. No further review of this case will take place until Petitioner complies with this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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| TEXT ENTRY THAT FILING fee paid on behalf of Tun Aung Kyaw on 1/26/2022. Receipt number 8062645, in the amount of $ 5.00. (TCL) |
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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 14, 2022: 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)
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| Filing 6 PRISONER ACCOUNT CERTIFICATE by Petitioner Tun Aung Kyaw. 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 5 LETTER by Clerk requesting plaintiff's trust account statement from institution. Letter sent to Lincoln County Jail, Lincoln County Sheriff's Office. (LKO) |
| Filing 4 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 3 TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Petition for Writ of Habeas Corpus #1 has been filed and is considered deficient because the document is not signed. The plaintiff shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See NECivR 11.1.(LKO) Satisfied on 2/3/2022 (LKO). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Tun Aung Kyaw. (LKO) |
| Filing 1 PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Tun Aung Kyaw. (LKO) (Additional attachment(s) added on 2/3/2022: #1 Signature Page) (LKO). |
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