Shadle v. State of Nebraska

Filing 16

MEMORANDUM AND ORDER that Petitioner's motion (Filing No. 15 ) is granted in part, and denied in part. Petitioner's request for additional documents is denied. However, the court will grant Petitioner an extension of time to file a brie f in response to Respondent's summary judgment motion. Petitioner must file his brief no later than May 10, 2017. Respondent shall file a reply brief or notice of case submission no later than thirty days thereafter. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DILLON SHADLE,
Petitioner,

8:16CV494

vs.
MEMORANDUM
AND ORDER

SCOTT FRAKES,
Respondent.

This matter is before the court on, what the court construes as, Petitioner’s
motion for additional documents and an extension of time to file a brief in response
to Respondent’s summary judgment motion. (Filing No. 15.) The court’s order on
initial review (Filing No. 8) set forth that Petitioner could file a motion with the
court requesting additional state court records in the event he believed
Respondent’s designation of state court records to be insufficient. The order set
forth that “[s]uch motion must set forth the documents requested and the reasons
the documents are relevant to the cognizable claims.” (Id. at CM/ECF pp. 6-7
(emphasis added).) Petitioner has made no showing concerning the relevance of
the records he seeks. Accordingly,
IT IS THEREFORE ORDERED that: Petitioner’s motion (Filing No. 15) is
granted in part, and denied in part. Petitioner’s request for additional documents is
denied. However, the court will grant Petitioner an extension of time to file a brief
in response to Respondent’s summary judgment motion. Petitioner must file his
brief no later than May 10, 2017. Respondent shall file a reply brief or notice of
case submission no later than thirty days thereafter.

Dated this 26th day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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