JACOB v. HOUSTON, 4:10CV3073. (2014)
Court: District Court, D. Nebraska
Number: infdco20141009f94
Visitors: 24
Filed: Oct. 08, 2014
Latest Update: Oct. 08, 2014
Summary: MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Senior District Judge. Petitioner Steven M. Jacob filed a Petition for Writ of Habeas Corpus in this court on April 23, 2010. (Filing No. 1 .) When Jacob filed his petition, he had not yet exhausted all of his claims in the Nebraska state courts. On April 17, 2014, Jacob advised the court that he has now exhausted his claims in the Nebraska state courts and this matter may proceed in this court. Jacob asked the court for leave to file an amended petit
Summary: MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Senior District Judge. Petitioner Steven M. Jacob filed a Petition for Writ of Habeas Corpus in this court on April 23, 2010. (Filing No. 1 .) When Jacob filed his petition, he had not yet exhausted all of his claims in the Nebraska state courts. On April 17, 2014, Jacob advised the court that he has now exhausted his claims in the Nebraska state courts and this matter may proceed in this court. Jacob asked the court for leave to file an amended petiti..
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MEMORANDUM AND ORDER
JOSEPH F. BATAILLON, Senior District Judge.
Petitioner Steven M. Jacob filed a Petition for Writ of Habeas Corpus in this court on April 23, 2010. (Filing No. 1.) When Jacob filed his petition, he had not yet exhausted all of his claims in the Nebraska state courts. On April 17, 2014, Jacob advised the court that he has now exhausted his claims in the Nebraska state courts and this matter may proceed in this court. Jacob asked the court for leave to file an amended petition for writ of habeas corpus, and the court granted his request. (See Filing No. 129.) Jacob filed an Amended Petition for Writ of Habeas Corpus (Filing No. 136) on August 4, 2014. In order to progress this case to final resolution,
IT IS ORDERED:
1. By December 8, 2014, 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: December 8, 2014: deadline for Respondent to file state court records in support of answer or motion for summary judgment.
2. If Respondent elects to file a motion for summary judgment, the following procedures shall be followed by Respondent and Petitioner:
A. The motion for summary judgment shall be accompanied by a separate brief, submitted at the time of the filing of the motion.
B. The motion for summary judgment shall be supported by such state court records as are necessary to support the motion. Those records shall be contained in a separate filing entitled: "Designation of State Court Records in Support of Motion for Summary Judgment."
C. Copies of the motion for summary judgment, the designation, including state court records, and Respondent's brief shall be served upon Petitioner except that Respondent is only required to provide Petitioner with a copy of the specific pages of the record which are cited in Respondent's brief. In the event that the designation of state court records is deemed insufficient by Petitioner, Petitioner may file a motion with the court requesting additional documents. Such motion shall set forth the documents requested and the reasons the documents are relevant to the cognizable claims.
D. No later than 30 days following the filing of the motion for summary judgment, Petitioner shall file and serve a brief in opposition to the motion for summary judgment. Petitioner shall submit no other documents unless directed to do so by the court.
E. No later than 30 days after the filing of Petitioner's brief, Respondent shall file and serve a reply brief. In the event that Respondent elects not to file a reply brief, he should inform the court by filing a notice stating that he will not file a reply brief and that the motion is therefore fully submitted for decision.
F. If the motion for summary judgment is denied, Respondent shall file an answer, a designation and a brief that complies with terms of this order. (See the following paragraph.) The documents shall be filed no later than 30 days after the denial of the motion for summary judgment. Respondent is warned that the failure to file an answer, a designation and a brief in a timely fashion MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING THE RELEASE OF PETITIONER.
3. If Respondent elects to file an answer, the following procedures shall be followed by Respondent and Petitioner:
A. By December 8, 2014, Respondent shall file all state court records that are relevant to the cognizable 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."
B. No later than 30 days after the filing of the relevant state court records, Respondent shall file an answer. The answer shall be accompanied by a separate brief, submitted at the time of the filing of the answer. Both the answer and brief shall address all matters germane to the case including, but not limited to, the merits of Petitioner's allegations that have survived initial review, and whether any claim is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, a statute of limitations, or because the petition is an unauthorized second or successive petition. See, e.g., Rules 5(b) and 9 of the Rules Governing Section 2254 Cases in the United States District Courts.
C. Copies of the answer, the designation, and Respondent's brief shall be served upon Petitioner at the time they are filed with the court except that Respondent is only required to provide Petitioner with a copy of the specific pages of the designated record which are cited in Respondent's brief. In the event that the designation of state court records is deemed insufficient by Petitioner, Petitioner may file a motion with the court requesting additional documents. Such motion shall set forth the documents requested and the reasons the documents are relevant to the cognizable claims.
D. No later than 30 days following the filing of Respondent's brief, Petitioner shall file and serve a brief in response. Petitioner shall submit no other documents unless directed to do so by the court.
E. No later than 30 days after the filing of Petitioner's brief, Respondent shall file and serve a reply brief. In the event that Respondent elects not to file a reply brief, he should inform the court by filing a notice stating that he will not file a reply brief and that the merits of the petition are therefore fully submitted for decision.
F. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 8, 2015: check for Respondent to file answer and separate brief.
4. 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.
Source: Leagle
