Wilson v. Peart et al

Filing 10

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Upon initial review of the amended habeas corpus petition (Filing No. 9 ), the court preliminarily determines that Petitioners claims, as they are set forth in this Memorandum and Order, are po tentially cognizable in federal court. The clerk's office is directed to mail copies of this Memorandum and Order and the habeas corpus petition to Respondent and the Nebraska Attorney General by regular first-class mail. By March 12, 2015, R espondent must file a motion for summary judgment or state court records in support of an answer. The clerk's office is directed to set a pro se case management deadline in this case using the following text: March 12, 2015: deadline for Respo ndent to file state court records in support of answer or motion for summary judgment. The clerk's office is directed to set a pro se case management deadline in this case using the following text: April 13, 2015: check for Respondents answer and separate brief. 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. The clerk's office is directed to terminate the State of Nebraska as a respondent in this matter, as Petitioner named only Mario Peart in his amended habeas corpus petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )