IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

LEANDRE R. JENNINGS,

Petitioner, 

vs. 

CRAIG GAMBLE, TSCI Warden; and ROB 

JEFFERIES, Director;

Respondents.

8:23CV181

MEMORANDUM AND ORDER

This matter is before the Court on the Motion for Court Progression Order filed by 

Petitioner, by and through his counsel, Nicole Cavanaugh. Filing No. 13. On November 

8, 2023, the Court reviewed Petitioner’s pro se amended petition, Filing No. 9, and 

determined that certain claims, as construed by the Court, were potentially cognizable in 

federal court. Filing No. 10. The Court also granted Petitioner’s request for the 

appointment of counsel and appointed Ms. Cavanaugh to represent Petitioner. The 

Court directed Ms. Cavanaugh and counsel for Respondents to confer and file a joint 

motion suggesting a suitable progression of this case by December 8, 2023. Counsel 

for Petitioner filed the present motion on December 6, 2023, after conferring with 

counsel for Respondents, Austin Relph, and asks the Court to progress this matter as 

set forth in the motion. Upon consideration,

IT IS THEREFORE ORDERED that:

1. The Motion for Court Progression Order, Filing No. 13, is granted. 

2. Petitioner must file an amended petition no later than January 8, 2024. 

3. By February 8, 2024, Respondents must file a motion for summary 

judgment or state court records in support of an answer. 

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4. If Respondents elect to file a motion for summary judgment, the following 

procedures must be followed by Respondents and Petitioner:

A. The motion for summary judgment must be accompanied by a 

separate brief, submitted at the time the motion is filed. 

B. The motion for summary judgment must be supported by any state 

court records that are necessary to support the motion. Those 

records must be contained in a separate filing entitled: “Designation 

of State Court Records in Support of Motion for Summary 

Judgment.”

C. Copies of the motion for summary judgment, the designation, 

including state court records, and Respondents’ brief must be 

served on Petitioner except that Respondents are only required to 

provide Petitioner with a copy of the specific pages of the record 

that are cited in Respondents’ motion and brief. In the event that 

the designation of state court records is deemed insufficient by 

Petitioner or Petitioner needs additional records from the 

designation, Petitioner may file a motion with the Court requesting 

additional documents. Such motion must set forth the documents 

requested and the reasons the documents are relevant to the 

cognizable claims. 

D. No later than 30 days following the filing of the motion for summary 

judgment, Petitioner must file and serve a brief in opposition to the 

motion for summary judgment. 

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E. No later than 30 days after Petitioner’s brief is filed, Respondents 

must file and serve a reply brief. In the event that Respondents 

elect not to file a reply brief, they should 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. 

F. If the motion for summary judgment is denied, Respondents must 

file an answer, a designation and a brief that complies with terms of 

this order. See the following paragraph. The documents must be 

filed no later than 30 days after the denial of the motion for

summary judgment. 

5. If Respondents elect to file an answer, the following procedures must be 

followed by Respondents and Petitioner:

A. By February 8, 2024, Respondents must file all state court records 

that are relevant to the cognizable claims. See, e.g., Rule 5(c)-(d) 

of the Rules Governing Section 2254 Cases in the United States 

District Courts. Those records must be contained in a separate 

filing entitled: “Designation of State Court Records in Support of 

Answer.” 

B. No later than 30 days after the relevant state court records are filed, 

Respondents must file an answer. The answer must be 

accompanied by a separate brief, submitted at the time the answer 

is filed. Both the answer and the brief must address all matters 

germane to the case including, but not limited to, the merits of 

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Petitioner’s allegations that have survived initial review, and 

whether any claim is barred by a failure to exhaust state remedies, 

a procedural bar, non-retroactivity, a statute of limitations, or 

because the petition is an unauthorized second or successive 

petition. See, e.g., Rules 5(b) and 9 of the Rules Governing 

Section 2254 Cases in the United States District Courts.

C. Copies of the answer, the designation, and Respondents’ brief 

must be served on Petitioner at the time they are filed with the 

Court except that Respondents are only required to provide 

Petitioner with a copy of the specific pages of the designated record 

that are cited in Respondents’ answer and brief. In the event that 

the designation of state court records is deemed insufficient by 

Petitioner or Petitioner needs additional records from the 

designation, Petitioner may file a motion with the Court requesting 

additional documents. Such motion must set forth the documents 

requested and the reasons the documents are relevant to the 

cognizable claims. 

D. No later than 30 days after Respondents’ brief is filed, Petitioner 

must file and serve a brief in response. 

E. No later than 30 days after Petitioner’s brief is filed, Respondents 

must file and serve a reply brief. In the event that Respondents 

elect not to file a reply brief, they should inform the Court by filing a 

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notice stating that they will not file a reply brief and that the merits 

of the petition are therefore fully submitted for decision. 

6. No discovery shall be undertaken without leave of the Court. See Rule 6 

of the Rules Governing Section 2254 Cases in the United States District Courts.

7. The Clerk of the Court is directed to set the following pro se case 

management deadlines in this case using the following text:

a. January 8, 2024: deadline for Petitioner to file amended petition.

b. February 8, 2024: deadline for Respondents to file state court 

records in support of answer or motion for summary judgment. 

c. March 11, 2024: check for Respondents’ answer and separate 

brief.

Dated this 8th day of December, 2023.

BY THE COURT:

Joseph F. Bataillon

Senior United States District Judge

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