Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sanders v. Cruickshank

United States District Court, D. Nebraska

September 20, 2017

RICKY J. SANDERS, Petitioner,
v.
RICHARD CRUICKSHANK, Warden Nebraska Penitentiary; and SCOTT R. FRAKES, Director Nebraska Department of Correctional Services; Respondents.

          MEMORANDUM AND ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         This matter is before the court on the following motions from Petitioner Ricky J. Sanders:

1) Motion to Strike Respondent's Answer (Filing No. 27);
2) Motion for Leave to Conduct Discovery (Filing No. 29);
3) Motion for Extension of Time to File a Responsive Pleading (Filing No. 32); and
4) Motion for Leave to Expand the Record (Filing No. 33).

         For the reasons set forth below, the motions will be denied.

         BACKGROUND

         Petitioner filed a Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254. Sanders was convicted in Nebraska state district court, in part for violating Neb. Rev. Stat. § 28-1212.04 which prohibits discharging a firearm near a vehicle or building in certain classes of cities and counties. After exhausting his state court appeals and requests for post-conviction relief, Sanders petitioned this court. Sanders' petition survived initial review by the court and the Hon. Richard G. Kopf recognized two cognizable claims:

Claim One: Petitioner was denied effective assistance of counsel because (1) trial and appellate counsel (same counsel) did not move to quash the Information on the ground that Neb. Rev. Stat. § 28-1212.04 is facially unconstitutional under the Equal Protection Clause, and (2) trial and appellate counsel (same counsel) failed to file a motion to suppress the illegal search and seizure of Petitioner and his passenger, as well as the illegal search of Petitioner's vehicle.
Claim Two: Petitioner's convictions are void because Neb. Rev. Stat. § 28- 1212.04 is facially unconstitutional under the Equal Protection Clause.

(Filing No. 4).

         Judge Kopf entered a progression and briefing schedule. (Filing No. 4). Petitioner has now requested a number of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.