U.S. Court of Appeals for the 8th Circuit • 26-02935
Wuilmer Cardenas Vargas v. Gary Stolzer
Completed
Case Information
Filed: September 25, 2026
Assigned to:
—
Referred to:
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Nature of Suit: Nature of Suit 2463
Cause:
—
Completed: October 30, 2026
Last Activity:
October 30, 2026
Parties:
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Docket Entries
Sep 25, 2026
CLERK ORDER: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, administrative records and state court files. These documents should be submitted within 10 days. [5687959] [26-2935] (CMH) [Entered: 09/25/2026 03:27 PM]
Main Document:
CLERK
Sep 25, 2026
Originating court document filed consisting of notice of appeal, docket entries, Memorandum & Order 09/17/2026, Order of Dismissal 09/17/2026, and Docket Text Order 09/24/2026. [5687957] [26-2935] (CMH) [Entered: 09/25/2026 03:26 PM]
Main Document:
Originating
Sep 25, 2026
Civil case docketed. [5687950] [26-2935] (CMH) [Entered: 09/25/2026 03:22 PM]
Main Document:
Civil
Oct 13, 2026
EMERGENCY MOTION for release pending appeal, filed by Appellant Wuilmer Jose Cardenas Vargas w/service 10/13/2026. [5694105] [26-2935] (CMH) [Entered: 10/13/2026 03:51 PM]
Main Document:
EMERGENCY MOTION
Oct 13, 2026
CASE SUBMITTED Ad Panel Submission before Judges Raymond W. Gruender, Jane Kelly, Jonathan A. Kobes in St. Louis 5700910 [26-2935] (DAK) [Entered: 10/30/2026 12:27 PM]
Oct 30, 2026
MANDATE ISSUED. [5700917] [26-2935] (DAK) [Entered: 10/30/2026 12:39 PM]
Main Document:
MANDATE
Oct 30, 2026
JUDGMENT FILED - The district court erred by deciding that "it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief" on his statutory and constitutional claims. See Rules Governing § 2254 Cases, Rule 4. The district court’s Order of Dismissal entered on September 17, 2026 is vacated, and the petition is remanded to the district court with instructions to order the respondent to show cause why the petition should not be granted. See 28 U.S.C. § 2243. The emergency motion for release pending appeal is denied as moot [5694105-2]. Our mandate shall issue forthwith. RAYMOND W. GRUENDER, JANE KELLY and JONATHAN A. KOBES Adp Oct 2026 [5700913] [26-2935] (DAK) [Entered: 10/30/2026 12:30 PM]
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