Harris v. Gage

Filing 12

MEMORANDUM AND ORDER - Petitioner's objection (Filing No. 11 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL E. HARRIS,
Petitioner,

8:16CV442

vs.
MEMORANDUM
AND ORDER

BRIAN GAGE,
Respondent.

This matter is before the court on Petitioner’s objection to the court’s
memorandum and order dated February 10, 2017. (Filing No. 11.) In that order, the
court conducted a preliminary review of Petitioner’s Petition for Writ of Habeas
Corpus (Filing No. 1) and “Supplemental Habeas Corpus” (Filing No. 5) to
determine whether Petitioner’s claims, when liberally construed, are potentially
cognizable in federal court. (Filing No. 9.)
Petitioner objects to the court’s construction of his claims. (Filing No. 11.)
Essentially, Petitioner is upset that the court did not state his claims in the exact
words of the claim headings in his petitions. As the court explained to the parties in
its previous order, the court condensed and summarized for clarity Petitioner’s
claims. In doing so, it considered the entirety of Petitioner’s allegations, including
the claim headings. The court did not need to repeat the specific constitutional
amendments or case law cited by Petitioner in his claim headings to construe the
substance of his claims.

IT IS THEREFORE ORDERED that: Petitioner’s objection (Filing No. 11)
is denied.
Dated this 22nd day of February, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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