Chae v. Houston
Filing
36
ORDER - Respondents motion to amend answer 29 is granted. Petitioners objection to motion to amend 34 and motion to strike reply brief 35 are denied. Petitioner shall have until September 30, 2010, in which to file an amended response and/or br ief on the merits of petitioners Claim Eight only. In the event that no response and/or brief is filed by that date, the Court will consider the response and brief already on file with the Court. Respondents motion to strike index 32 is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (MKR)
Chae v. Houston
Doc. 36
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BONG H. CHAE, ) ) Petitioner, ) ) v. ) ) ROBERT HOUSTON, Director of ) Department of Correctional ) Services, ) ) Respondent. ) ______________________________)
8:09CV416
ORDER
This matter is before the Court on respondent's motion to amend answer (Filing No. 29), petitioner's objection to motion to amend (Filing No. 34), and motion to strike reply brief (Filing No. 35). In his motion, respondent requests leave to
file his second amended answer and brief because his previous filings omitted a discussion of petitioner's eighth habeas claim (Filing No. 29). Respondent's motion will be granted, and
petitioner's objection and related motion to strike reply brief will be denied. Petitioner shall have 30 days in which to amend Petitioner
his response to respondent's answer if he so chooses.
is given leave to amend his pleadings only with respect to his Claim Eight. Accordingly,
IT IS ORDERED: 1. Respondent's motion to amend answer is granted.
Petitioner's objection to motion to amend and motion to strike reply brief are denied.
Dockets.Justia.com
2.
Petitioner shall have until September 30, 2010, in
which to file an amended response and/or brief on the merits of petitioner's Claim Eight only. In the event that no response
and/or brief is filed by that date, the Court will consider the response and brief already on file with the Court. 3. Respondent's motion to strike index is denied.
DATED this 1st day of September, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?