Phan v. Holder et al

Phan v. Holder et al

Case Number:	8:2009cv00433
Filed:	December 4, 2009
Court:	US District Court for the District of Nebraska
Office:	Habeas Corpus - Alien Detainee Office
Presiding Judge:	Richard G. Kopf
Presiding Judge:	Cheryl R. Zwart
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2241 Petition for Writ of Habeas Corpus (federa

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Date Filed	Document Text
January 13, 2010	Filing 6 MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that all three of Petitioner's claims are potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus (filing no. 1 ) to Respondents and the United States Attorney for the District of Nebraska by regular first-class mail. By March 1, 2010, respondents shall file a motion for su mmary judgment or an answer. The Clerk of the court is directed to set a case management deadline in this case using the following text: March 1, 2010: deadline for Respondents to file answer or motion for summary judgment. If Respondents elect to file an answer, the procedures in this memorandum and order shall be followed by Respondents and Petitioner. No discovery shall be undertaken without leave of the court. Ordered by Judge Richard G. Kopf. (Copy mailed as directed)(GJG) Modified on 1/13/2010 to correct mailing information. (GJG).

Date Filed

Document Text

January 13, 2010

Filing 6 MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that all three of Petitioner's claims are potentially cognizable in federal court. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition for Writ of Habeas Corpus (filing no. 1 ) to Respondents and the United States Attorney for the District of Nebraska by regular first-class mail. By March 1, 2010, respondents shall file a motion for su mmary judgment or an answer. The Clerk of the court is directed to set a case management deadline in this case using the following text: March 1, 2010: deadline for Respondents to file answer or motion for summary judgment. If Respondents elect to file an answer, the procedures in this memorandum and order shall be followed by Respondents and Petitioner. No discovery shall be undertaken without leave of the court. Ordered by Judge Richard G. Kopf. (Copy mailed as directed)(GJG) Modified on 1/13/2010 to correct mailing information. (GJG).

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