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Zimmerman v. State

United States District Court, Eighth Circuit

August 26, 2013

CHRISTOPHER ZIMMERMAN, Petitioner,
v.
STATE OF NEBRASKA, Respondent.

MEMORANDUM AND ORDER

LAURIE SMITH CAMP, Chief District Judge.

The court has conducted an initial review of the Amended Petition for Writ of Habeas Corpus (Filing No. 14) to determine whether Petitioner's claims are, when liberally construed, potentially cognizable in federal court. Condensed and summarized, Petitioner has raised four claims:

Claim One: Petitioner received an excessive sentence in violation of the Fifth and Fourteenth Amendments. ( Id. at CM/ECF p. 5.)
Claim Two: Petitioner was convicted in violation of his right to due process because there was insufficient evidence to convict him of robbery. ( Id. at CM/ECF p. 7.)
Claim Three: Petitioner was convicted in violation of his right to due process because the prosecution was "prejudice[d]" by Petitioner's father. ( Id. at CM/ECF p. 8.)
Claim Four: Petitioner was convicted in violation of his right to due process because there was insufficient evidence to convict him of false imprisonment. ( Id. at CM/ECF p. 10.)

Liberally construed, the court preliminarily decides that Petitioner's four claims are potentially cognizable in federal court. However, the court cautions that no determination has been made regarding the merits of these claims or any defenses thereto or whether there are procedural bars that will prevent Petitioner from obtaining the relief sought.

IT IS THEREFORE ORDERED that:

1. Upon initial review of the Amended Petition (Filing No. 14), the court preliminarily determines that Claims One, Two, Three, and Four, as set forth in this Memorandum and Order, are potentially cognizable in federal court;
2. The clerk's office is directed to mail copies of this Memorandum and Order and the Amended Petition to Respondents and the Nebraska Attorney General by regular first-class mail;
3. By October 10, 2013, Respondent shall file a motion for summary judgment or state court records in support of an answer. The clerk's office is directed to set a pro se case management deadline in this case using the following text: October 10, 2013: deadline for Respondent to file state court records in support of answer or motion for summary judgment;
4. 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 ...

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