Peterson v. Lewien

Filing 7

MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition (Filing No. 1 ), the court preliminarily determines that Petitioner's claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. T he Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to Respondent and the Nebraska Attorney General by regular first-class mail. By September 29, 2014, Respondent shall file a motion for summary judgment o r state court records in support of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 29, 2014: deadline for Respondent to file state court records in support of an swer or motion for summary judgment. If Respondent elects to file an answer, the following procedures shall be followed by Respondent and Petitioner: A. By September 29, 2014, Respondent shall file all state court records that are relevant to the c ognizable claims. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 28, 2014: check for Respondent to file 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)