Avila v. Nebraska Dept of Correctional Services
| Antonio Avila, Jr. |
| Nebraska Dept of Correctional Services |
| Nebraska Attorney General |
| 8:2023cv00453 |
| October 17, 2023 |
| US District Court for the District of Nebraska |
| 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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Filing 3
MEMORANDUM AND ORDER - Upon initial review of the habeas corpus petition, Filing No. #1 , the Court preliminarily determines that Petitioner's claim, as it is set forth in this Memorandum and Order, is potentially cognizable in federal court. By January 18, 2024, Respondent must 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: January 18, 2024: deadline for Respondent to file state court records in support of answer or motion for summary judgment. If Respondent elects to file a motion for summary judgment, the following procedures set forth within the Memorandum and Order must be followed by Respondent and Petitioner. If Respondent elects to file an answer, the following procedures set forth within the Memorandum and Order must 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: February 20, 2024: check for Respondent's 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 Joseph F. Bataillon. (Copy mailed to pro se party) (JES)
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| Filing 2 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (JES) |
| Filing 1 PETITION for Writ of Habeas Corpus in the amount of $5, receipt number 8068098, filed by pro se petitioner Antonio Avila, Jr. (JES) |
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