Jonathon C. Buckley v. Rob Jeffreys

Summary

The United States District Court for the District of Nebraska addresses preliminary review of Jonathon C. Buckley’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. Although the Court noted that the petition may be barred by the statute of limitations, it ordered the case to proceed to final resolution and established deadlines and procedures for Respondent’s filing of state court records, an answer, or a motion for summary judgment.

Holdings

1. The court did not dismiss the petition at preliminary review; although the petition appeared potentially barred by the statute of limitations, the court ordered the case to proceed to final resolution.
2. The respondent must, by March 6, 2026, file either a motion for summary judgment supported by the necessary state-court records or an answer supported by designated state-court records, with the specified briefing and service procedures.
3. No discovery may be undertaken without leave of the court.

Questions Presented

1. Whether the petition should proceed beyond preliminary review despite appearing potentially barred by the one-year statute of limitations in 28 U.S.C. § 2244(d)(1).
2. What filing, record-designation, briefing, and service procedures should govern the respondent’s answer or motion for summary judgment in the § 2254 proceeding.
3. Whether discovery may be undertaken without leave of court in the § 2254 proceeding.

Disposition

other