Ivey v. Gibson et al
| David Ivey |
| TyLynne Bauer and William R. Gibson |
| Nebraska Attorney General |
| 8:2012cv00061 |
| February 10, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| Pro Se Docket |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
4
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Upon initial review of the Petition (Filing No. 1 ), the court preliminarily determines that Petitioner's claims, as set forth in this Memorandum and Order, are potentially cognizable in fe deral court. Petitioner's Motion for Appointment of Counsel (Filing No. 2 ) is denied without prejudice to reassertion. The Clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to Respondents and the Neb raska Attorney General by regular first-class mail. By May 10, 2012, Respondent shall file a motion for summary judgment or state court 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: May 10, 2012: deadline for Respondent to file state court records in support of answer or motion for summary judgment; By May 10, 2012, Respondent shall file all state court records which are relevant to the cogni zable claims. See, e.g., Rule 5(c)-(d) of the Rules Governing Section 2254 Cases in the United States District Courts. Those records shall be contained in a separate filing entitled: "Designation of State Court Records In Support of Answer." ; The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: June 11, 2012: 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 Laurie Smith Camp. (Copies mailed as directed and to pro se party)(TCL )
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