Leon v. State of Nebraska et al

Filing 31

ORDER - Respondents' Motion to Except Document from Electronic Filing (Filing No. 25 ) is denied as moot. Respondents' Motion to Restrict (Filing No. 26 ) is granted. Filing No. 28 will remain a restricted document. Petitioner's Motion for Extension of Time (Filing No. 29 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IRA R. LEON,

)
)
Petitioner,
)
)
v.
)
)
STATE OF NEBRASKA, and SCOTT )
FRAKES, Director of the
)
Nebraska Department of
)
Corrections,
)
)
Respondents.
)
______________________________)

8:14CV16

ORDER

This matter is before the Court on three motions filed
by the parties.

Respondents move for an order allowing them to

physically file, rather than electronically file, petitioner’s
presentence investigation report.

They argue scanning the report

and filing it on the Court’s electronic filing system would make
pages illegible and would require the filing of 30 separate
documents.
moot.

The Court will deny the motion (Filing No. 25) as

The clerk of the court has scanned and filed the

presentence investigation report.

The report is docketed at

Filing No. 28.
Respondents move for an order restricting access to
petitioner’s presentence investigation report because it is a
privileged document under Nebraska state law.
Stat. § 29-2261(6).

See Neb. Rev.

Upon careful consideration, respondents’

motion (Filing No. 26) will be granted.

Only parties of record

and Court users will have access to petitioner’s presentence
investigation report docketed at Filing No. 28.
Petitioner moves for an order extending the time in
which he has to reply to respondents’ reply brief.
motion (Filing No. 29) will be denied.

Petitioner’s

This matter was fully

submitted for decision on March 16, 2015, the date on which
respondents filed and served their reply brief.

(See the Court’s

progression order at Filing No. 9 at CM/ECF pp. 4-5.)
IT IS ORDERED:
1.

Respondents’ Motion to Except Document from

Electronic Filing (Filing No. 25) is denied as moot.
2.
granted.

Respondents’ Motion to Restrict (Filing No. 26) is

Filing No. 28 will remain a restricted document.
3.

Petitioner’s Motion for Extension of Time (Filing

No. 29) is denied.
DATED this 15th day of April, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

* This opinion may contain hyperlinks to other documents or Web sites. The U.S. District
Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third
parties or the services or products they provide on their Web sites. Likewise, the Court has no
agreements with any of these third parties or their Web sites. The Court accepts no
responsibility for the availability or functionality of any hyperlink. Thus, the fact that a
hyperlink ceases to work or directs the user to some other site does not affect the opinion of
the Court.

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