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

Filing 154

MEMORANDUM AND ORDER - The respondent shall submit a brief regarding petitioner's motion to stay habeas proceedings pending state court remedies on or before close of business on February 13, 2017. Unless otherwise ordered, the petition for writ of habeas corpus will not be progressed until I have ruled upon petitioner's motion for a stay. Accordingly, respondent need not respond to the petition for writ of habeas corpus at this time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to petitioner) (KLF)

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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. ) ) ) ) ) ) ) ) ) ) ) ) 4:04CV3187 MEMORANDUM AND ORDER Mr. Lotter has filed a petition for writ of habeas corpus (filing no. 149) and a motion to stay habeas proceedings pending state court remedies (filing no. 150). With that in mind, IT IS ORDERED that: (1) The respondent shall submit a brief regarding petitioner’s motion to stay habeas proceedings pending state court remedies on or before close of business on February 13, 2017. (2) Unless otherwise ordered, the petition for writ of habeas corpus will not be progressed until I have ruled upon petitioner’s motion for a stay. Accordingly, respondent need not respond to the petition for writ of habeas corpus at this time. DATED this 13th day of January, 2017. BY THE COURT: s/ Richard G. Kopf Senior United States District Judge

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