Phelps v. Warden Peart

Filing 16

MEMORANDUM AND ORDER - On initial review, the 10 constitutional claims raised by Petitioner in the Amended Petition for a Writ of Habeas Corpus (Filing No. 14 ) are potentially cognizable for purposes of federal habeas corpus relief. The parties are cautioned that this determination is preliminary only. No amendments or supplements to the Amended Petition for a Writ of Habeas Corpus shall be filed without first securing leave of court. No discovery shall be undertaken without leave of th e court. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. No later than May 22, 2015, counsel for Petitioner and Respondent shall confer and file a joint motion suggesting a suitable progression of this case. The court will enter an order progressing this case to disposition following the filing of the joint motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DAVID CARL PHELPS,
Petitioner,
v.
MARIO PEART, Warden,
Respondent.

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8:14CV151

MEMORANDUM
AND ORDER

On initial review of the Amended Petition for a Writ of Habeas Corpus (Filing
No. 14), I tentatively find that each of the claims alleged by Petitioner state grounds
that are potentially cognizable by this court for purposes of habeas corpus relief, and
that the case should be progressed. Because Petitioner indicates his claim of actual
innocence will require “full discovery and an evidentiary hearing,” I would like input
from counsel regarding case progression, including proposed dates for filing state
court records, pleadings, motions, and briefs. Accordingly,
IT IS ORDERED:
1.

On initial review, the 10 constitutional claims raised by Petitioner in
the Amended Petition for a Writ of Habeas Corpus (Filing No. 14) are
potentially cognizable for purposes of federal habeas corpus relief. The
parties are cautioned that this determination is preliminary only.

2.

No amendments or supplements to the Amended Petition for a Writ of
Habeas Corpus shall be filed without first securing leave of court.

3.

No discovery shall be undertaken without leave of the court. See Rule
6 of the Rules Governing Section 2254 Cases in the United States
District Courts.

4.

No later than May 22, 2015, counsel for Petitioner and Respondent shall
confer and file a joint motion suggesting a suitable progression of this
case. The court will enter an order progressing this case to disposition
following the filing of the joint motion.

DATED this 21st day of April, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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