Robert E. Williams v. Harold W. Clarke

HANSEN, Circuit Judge.

Harold W. Clarke, Warden of the Nebraska Penal & Correctional Complex, and Donald Stenberg, Nebraska’s Attorney General (collectively “the respondents”), appeal the district court’s dismissal without prejudice of Robert E. Williams’s second petition for a writ of habeas corpus. We dismiss for lack of jurisdiction.

To put the discussion into context, we briefly review the procedural history of this case. Williams is a Nebraska death row inmate, who was convicted in 1978 on two counts of first degree murder and one count of first degree sexual assault. Williams received a…