Lewis v. Bowie et al
| Eric Fritzgerald Lewis |
| Midishaw, Judge Russell Bowie, A. Warten Bee and Kim Plankonin |
| Nebraska Attorney General |
| 8:2013cv00193 |
| June 24, 2013 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
7
MEMORANDUM AND ORDER - Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that the following claim is potentially cognizable under 28 U.S.C. § 2254: Claim Two as set forth in this Memorandum and Order. Upon initial review of the Petition (filing no. 1 ), the court preliminarily determines that the following claim is not cognizable under 28 U.S.C. § 2254: Claim One as set forth in this Memorandum and Order. Claim One is therefore dismissed wit hout prejudice to reassertion as an administrative grievance or an action under 42 U.S.C. § 1983. By September 2, 2013, 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: September 2, 2013: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file an answer, the procedures shall be followed by Respondent and Petitioner. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 2, 2013: 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG, )
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Filing
6
MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
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