Benish v. Houston

Filing 8

MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that all twelve of Petitioner's claims are potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Nebraska Attorney General by regular first-class mail. By February 18, 2011, Respondent shall file a motion for summary judgment or, in the alternative, state court records in supp ort of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: February 18, 2011: deadline for Respondent to file state court records in support of answer or motion for summary ju dgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: March 21, 2011: check for respondent to file answer and separate brief. No discovery shall be undertaken without leave of the court. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(GJG)