Young v. Wheelock et al
| Marvin Young |
| Wheelock and State of Nebraska |
| Nebraska Attorney General |
| 8:2024cv00079 |
| February 27, 2024 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Pro Se Docket |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Young's Motion for Leave to Proceed in Forma Pauperis, Filing No. #5 , is denied as moot because the filing fee has been paid. The Amended Petition, Filing No. #4 , is deemed insufficient and the Court will not act upon it. If Young wishes to proceed with this action as one brought pursuant to 28 U.S.C. 2254, he must file a second amended petition for writ of habeas corpus that is originally signed under penalty of perjury no later than May 24, 2024, unless the Court extends the time in which he has to amend in response to a written motion. Young must set forth all his claims in his second amended petition for writ of habeas corpus and name a proper respondent. To that end, Young is encouraged to use the enclosed copy of his Amended Petition and fill out the form completely. Young also has until May 24, 2024, to file a signed copy of the Appeal, Filing No. 6, only if he wishes to pursue an interlocutory appeal of the Court's March 6, 2024, Memorandum and Order. Failure to file a signed copy of the Appeal will result in the Appeal being stricken from the record without further notice and no appeal being processed. The Clerk of the Court is directed to send to Young a copy of his Amended Petition, Filing No. #4 , and a copy of the Appeal, Filing No. #6 . To avoid confusion, any document Young sends to the Clerk of the Court for filing in this case must clearly display the case number (8:24CV79). The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: May 24, 2024: deadline for amended petition and signed appeal. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
|
| Filing 8 LETTER by Clerk requesting plaintiff's trust account statement from institution. Letter sent to Kara Martin at Nebraska Department of Correctional Services. (TCL) |
| Filing 7 COPY OF IFP MEMO prepared by Deputy Clerk regarding Interlocutory Appeal #6 that the appeal filing fee has not been paid and that the certificate of appealability is at issue has been sent to Pro Se Law Clerk as to Petitioner Marvin Young. (MKR) |
| Filing 6 INTERLOCUTORY APPEAL regarding Memorandum and Order #3 . (MKR) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Marvin Young. (MKR) |
| Filing 4 AMENDED PETITION for Writ of Habeas Corpus filed on behalf of Petitioner Marvin Young. (MKR) |
| TEXT ENTRY THAT FILING fee paid on behalf of Marvin Young on 4/15/2024. Receipt number 8069409, in the amount of $ 5.00. (JES) |
|
Filing 3
MEMORANDUM AND ORDER - The pending petition, Filing No. #1 , is deemed insufficient and the Court will not act upon it. If Petitioner did not file this petition and/or does not wish to proceed with this 2254 habeas petition, he should inform the Court by April 5, 2024. If Petitioner decides to allow this action to proceed as one brought pursuant to 28 U.S.C. 2254, he must file an amended petition for writ of habeas corpus that is originally signed under penalty of perjury no later than April 5, 2024, unless the Court extends the time in which he has to amend in response to a written motion. Petitioner must set forth all his claims in an amended petition for writ of habeas corpus. Petitioner is encouraged to use the enclosed official Form AO 241 if he files an amended petition. Petitioner also shall no later than April 5, 2024, submit the $5.00 filing fee to the Clerk's office or submit a request to proceed in forma pauperis if he intends to pursue this matter. The Clerk of the Court is directed to send to Petitioner the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"), the Form AO241 ("Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus"), and a copy of Filing No. #1 . ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 4/5/2024: Check for MIFP or payment and amended petition.) Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed with forms)(MKR)
|
| Filing 2 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (MKR) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by pro se Petitioner Marvin Young. (MKR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
