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)

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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 2

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