Hyde v. Brokofsky

Hyde v. Brokofsky

Case Number:	4:2006cv03107
Filed:	May 8, 2006
Court:	US District Court for the District of Nebraska
Office:	4 Lincoln Office
Presiding Judge:	Pro Se Docket
Presiding Judge:	Lyle E. Strom
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
June 26, 2006	Filing 8 ORDER - The Petitioner's Motion for Reconsideration 7 is granted. The Petitioner's 2254 Petition 1 is reinstated. The Clerk of Court shall mail copies of the 2254 petition to the respondents and to the Nebraska AttorneyGeneral by regul ar first-class mail. By July 17, 2006, the respondents shall file an answer to the 2254 petition on the merits of the claims and any affirmative defenses. Whether the respondent files an answer or a motion for summary judgment, the respondent shall also file with the Court and serve on the petitioner a pleading entitled Designation of Relevant State Court Records. That all records listed in the respondent's Designation of Relevant State Court Records shall be filed with, or delivered to, the Court at the time the Designation of Relevant State Court Records is filed. That if the respondents elect to file a motion for summary judgment, copies of all records designated and filed in support of the motion shall also be served on the petitioner; andthat if the respondents file a motion for summary judgment, the petitioner shall have twenty days thereafter to respond as to Petitioner, Harvey Hyde. Signed by Judge Lyle E. Strom on 6/26/2006. - (COPIES AS DIRECTED) (KBJ)
June 21, 2006	Filing 5 MEMORANDUM OPINION regarding the initial review of the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 that because the petitioner has yet to petition the Nebraska Supreme Court for review, the Court finds that summary dismissal under the 2254 Rules is warranted. A separate order will be entered in accordance with this memorandum opinion. Signed by Judge Lyle E. Strom on 6/21/2006. (MKR, )

Date Filed

Document Text

June 26, 2006

Filing 8 ORDER - The Petitioner's Motion for Reconsideration 7 is granted. The Petitioner's 2254 Petition 1 is reinstated. The Clerk of Court shall mail copies of the 2254 petition to the respondents and to the Nebraska AttorneyGeneral by regul ar first-class mail. By July 17, 2006, the respondents shall file an answer to the 2254 petition on the merits of the claims and any affirmative defenses. Whether the respondent files an answer or a motion for summary judgment, the respondent shall also file with the Court and serve on the petitioner a pleading entitled Designation of Relevant State Court Records. That all records listed in the respondent's Designation of Relevant State Court Records shall be filed with, or delivered to, the Court at the time the Designation of Relevant State Court Records is filed. That if the respondents elect to file a motion for summary judgment, copies of all records designated and filed in support of the motion shall also be served on the petitioner; andthat if the respondents file a motion for summary judgment, the petitioner shall have twenty days thereafter to respond as to Petitioner, Harvey Hyde. Signed by Judge Lyle E. Strom on 6/26/2006. - (COPIES AS DIRECTED) (KBJ)

June 21, 2006

Filing 5 MEMORANDUM OPINION regarding the initial review of the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 that because the petitioner has yet to petition the Nebraska Supreme Court for review, the Court finds that summary dismissal under the 2254 Rules is warranted. A separate order will be entered in accordance with this memorandum opinion. Signed by Judge Lyle E. Strom on 6/21/2006. (MKR, )

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