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17-474 - Garza v. Frakes

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17-474 - Garza v. Frakes
December 15, 2017
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ORDER that the Clerk of Court shall serve copies of this order and the petition to the respondent and the Nebraska Attorney General. On or before January 15, 2018, the respondent shall file a response consisting of either an answer to the petition on the merits of the claims and any affirmative defenses in the manner contemplated by Rule 5 of the Rules Governing § 2254 Cases, or a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. The Clerk of Court shall set a case-management deadline for this date. Whether filing an answer or a motion for summary judgment, the respondent shall file (1) a pleading entitled "Designation of Relevant State Court Records," describing in detail any records relevant to the petition, and (2) copies of all records described in that designation. If Garza determines that the respondent's designation is insufficient, he shall have ten days to file a motion specifically requesting additional documents and explaining the reasons the documents are relevant to his claims. Whether the respondent files an answer or a motion for summary judgment, Garza shall file any reply within thirty days after service of the respondent's answer or motion. Ordered by Judge Robert F. Rossiter, Jr. (Copies mailed as directed) (LAC)
April 9, 2018
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MEMORANDUM AND ORDER that Christopher Garza's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Filing No. 1) is denied. This case is dismissed with prejudice. A certificate of appealability is denied. A separate judgment shall be entered in this case. Ordered by Judge Robert F. Rossiter, Jr. (JSF)