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09-433 - Phan v. Holder et al


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09-433 - Phan v. Holder et al
January 13, 2010
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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 summary 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).