Opinion
8:18CV241
04-18-2019
JUSTIN GARDNER, Petitioner, v. STATE OF NEBRASKA, Respondent.
MEMORANDUM AND ORDER
This matter is before the court on its own motion. On March 18, 2019, the court directed Petitioner to file a brief in opposition to Respondent's motion to dismiss by April 8, 2019. (Filing No. 22.) The court further ordered that Respondent would have 30 days after Petitioner's brief is filed to file and serve a reply brief or, if Respondent elected not to file a reply brief or Petitioner failed to timely submit a brief, Respondent would file a notice of case submission within 7 days thereafter. ( Id .) On April 18, 2019, Petitioner filed a brief that is dated March 30, 2019. (Filing No. 23.) Petitioner's brief was filed after the court's April 8, 2019 deadline, but Respondent did not submit a notice of case submission within 7 days of the missed deadline. Accordingly, and in order to efficiently progress this matter,
IT IS ORDERED that:
1. The court will consider Petitioner's brief as timely filed.
2. Respondent shall have until May 20, 2019, to file and serve a reply brief. If Respondent elects not to file a reply brief, Respondent shall inform the court by filing a notice stating that they will not file a reply brief and that the motion is therefore fully submitted for decision.
3. The clerk of court is directed to set a pro se case management deadline using the following text: May 20, 2019: check for Respondent's reply brief.
Dated this 18th day of April, 2019.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge