Lopez v. Houston et al

Filing 25

MEMORANDUM AND ORDER - Respondents' Motion to Strike Reply Brief 22 is denied. Petitioner's Motion to Expand the Record and Overrule Respondents Motion to Strike 24 is granted. Petitioner's Reply Brief is deemed properly filed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KBJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA NORMA E. LOPEZ, Petitioner, v. ROBERT HOUSTON, and STATE OF NEBRASKA, Respondents. ) ) ) ) ) ) ) ) ) ) 4:08CV3091 MEMORANDUM AND ORDER This matter is before the court on Respondents' Motion to Strike Reply Brief (filing no. 22) and Petitioner's Motion to Expand the Record and Overrule Respondents Motion to Strike (filing no. 24). As set forth in the court's November 25, 2008 Memorandum and Order, the court has already considered Petitioner's Reply Brief (filing no. 20) in reaching its decision on Respondents' Motion for Summary Judgment. (Filing No. 23 at CM/ECF p. 2.) In light of this, Respondents' Motion to Strike Reply Brief is denied and Petitioner's Motion to Expand the Record is granted. Petitioner's Reply Brief is deemed properly filed and the parties shall file briefs in accordance with the court's previous Memorandum and Order. IT IS THEREFORE ORDERED that: Respondents' Motion to Strike Reply Brief (filing no. 22) is denied. Petitioner's Motion to Expand the Record and Overrule Respondents Motion to Strike (filing no. 24) is granted. Petitioner's Reply Brief is deemed properly filed. December 17, 2008. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge

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