Gibilisco v. Houston

Filing 21

MEMORANDUM AND ORDER that 13 Motion for Default Judgment, 15 Motion for Clarification of Habeas Claim, 16 Motion in Request for Additional State Court Documents, 17 Motion for Leave to Submit State Court Documents are denied without prejudice to reassertion. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB, )

Gibilisco v. Houston

Doc. 21

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PHILIP P. GIBILISCO, Petitioner, v. ROBERT HOUSTON, Respondent. ) ) ) ) ) ) ) ) ) 4:10CV3070

MEMORANDUM AND ORDER

This matter is before the court on Petitioner's Motion for Default Judgment (filing no. 13), Motion for Clarification of Habeas Claim (filing no. 15), Motion in Request for Additional State Court Documents (filing no. 16), and Motion for Leave to Submit State Court Documents (filing no. 17). The court has carefully reviewed the record in this matter and finds that Petitioner's Motions are denied without prejudice to reassertion pending the court's determination regarding the procedural default issues in this case. In the event the court determines that additional records are necessary, the court will order Respondent to provide them. IT IS THEREFORE ORDERED that: Petitioner's Motion for Default Judgment (filing no. 13), Motion for Clarification of Habeas Claim (filing no. 15), Motion in Request for Additional State Court Documents (filing no. 16), and Motion for Leave to Submit State Court Documents (filing no. 17) are denied without prejudice to reassertion. DATED this 1st day of October, 2010. BY THE COURT:

s/ Joseph F. Bataillon Chief United States District Judge

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