Hymond v. Bakewell et al

Filing 18

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 1. By December 8, 2008, Petitioner shall file and serve a brief in response tothe Respondents Answer and State Court Records. Petitioner shall submitno other documents unless directed to do so by the court. In the event thatPetitioner does not file a response in accordance with this Memorandum andOrder, the court will rule on the merits of the Petition without further notice; and 2. No later than 30 days after the filing of Petitioners brief, Respondents shall file and serve a reply brief. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(PCV, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DAVID HYMOND, Petitioner, v. ROBERT HOUSTON and DENNIS BAKEWELL, Respondents. ) ) ) ) ) ) ) ) ) ) CASE NO. 8:07CV438

MEMORANDUM AND ORDER

This matter is before the court on its own motion. On July 1, 2008, the court denied Respondents' Motion for Summary Judgment. (Filing No. 14.) In that Memorandum and Order, the court ordered Respondents to file a separate answer, brief and state court records on the merits of the Petition. (Id.) Respondents filed an Answer and State Court Records on August 1, 2008. (Filing Nos. 15, 16, and 17.) However, Petitioner has not responded to these documents. IT IS THEREFORE ORDERED that: 1. By December 8, 2008, Petitioner shall file and serve a brief in response to the Respondents' Answer and State Court Records. Petitioner shall submit no other documents unless directed to do so by the court. In the event that Petitioner does not file a response in accordance with this Memorandum and Order, the court will rule on the merits of the Petition without further notice; and No later than 30 days after the filing of Petitioner's brief, Respondents shall file and serve a reply brief.

2.

DATED this 3rd day of November, 2008. BY THE COURT:

s/Laurie Smith Camp United States District Judge