Lotter v. Houston (PURSUANT TO ORDER #21, SEND A COPY OF ALL UNSEALED FILINGS TO PETITIONER)

Filing 140

ORDER that according to counsel for the Respondent, the proper Respondent in this is case not Brian Gage, Warden, Tecumseh State Correctional Institution, but rather Scott Frakes, Director, Nebraska Department of Correctional Institutions. There was no formal motion to substitute Brian Gage, Warden, Tecumseh State Correctional Institution. Therefore, my direction to the Clerk of Court on September 15, 2015, was in error and the non-public remark should be stricken. The proper style of this case is John L. Lotter v. Scott Frakes, Director, Nebraska Department of Correctional Institutions, Case No. 4:04CV3187-RGK. Counsel shall act accordingly. Ordered by Senior Judge Richard G. Kopf. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN L. LOTTER,
Petitioner,
V.
SCOTT FRAKES, Director,
Nebraska Department of Correctional
Institutions,
Respondent.

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4:04CV3187

ORDER

IT IS HEREWITH ORDERED that:
(1) According to counsel for the Respondent, the proper Respondent in this
is case not Brian Gage, Warden, Tecumseh State Correctional Institution, but rather
Scott Frakes, Director, Nebraska Department of Correctional Institutions.
(2) There was no formal motion to substitute Brian Gage, Warden, Tecumseh
State Correctional Institution. Therefore, my direction to the Clerk of Court on
September 15, 2015, was in error and the non-public remark should be stricken.
(3) The proper style of this case is John L. Lotter v. Scott Frakes, Director,
Nebraska Department of Correctional Institutions, Case No. 4:04CV3187-RGK.
Counsel shall act accordingly.
DATED this 21st day of September, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge