El-Tabech v. Britten
| Mohamed A. El-Tabech |
| Fred Britten |
| Nebraska Attorney General |
| 4:2010cv03179 |
| September 8, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
6
MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that Petitioner's Claim One, as set forth in this Memorandum and Order, is potentially cognizable in federal court. Upon initial revi ew of the Petition (filing no. 1 ), the court preliminarily determines that Petitioners Claim Two, liberally construed as a due process claim only, and as set forth in this Memorandum and Order, is potentially cognizable in federal court. The 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 November 10, 2010, Respondent shall file a motion for summary judgment or state cou rt 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: November 10, 2010: deadline for Respondent to file state court records in support of answer or moti on for summary judgment. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 10, 2010: 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 Chief Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL )
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Filing
5
MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and Petitioner will not berequired to pay the $5.00 fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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