Allen v. Jeffreys

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MASSEY L. ALLEN JR.,
Petitioner,
vs.
ROB JEFFREYS, Director Nebraska
Department of Correctional Services;
Respondent.
8:25CV346
MEMORANDUM AND ORDER
This matter is before the Court on a motion for continuance (the “Motion”) filed by
Petitioner Massey L. Allen Jr. (“Petitioner”), Filing No. 14, purportedly seeking additional
time to comply with this Court’s November 21, 2025, Memorandum and Order (the
“Order”), Filing No. 13, which was filed in response to Petitioner’s Motion to Stay, see
Filing No. 7. However, the Order requires Petitioner to supplement his Petition to include
an allegedly unexhausted claim, see id., whereas Petitioner’s Motion appears to seek
additional time not to supplement his Petition but instead to allow time for the state courts
to rule on his allegedly unexhausted claim, see Filing No. 14 at 1 (arguing that he believes
the state courts will rule on his unexhausted claim within 30 days). Clearly Petitioner
misunderstands the Order.
Petitioner must file a supplement to his Petition describing the claim he alleges is
currently unexhausted so that this Court may address the pending Motion to Stay and this
claim in conjunction with the Petition regardless of whether the stay is granted or denied.
The supplement need only provide a description of the claim such as the description
provided in the Motion as follows (although he may also provide additional legal argument
in support in his supplement if he so chooses):
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[The claim] deals with the change of the prison terms for non-violent felony
convictions under the Nebraska Habitual Criminal Statute; Neb. Rev. Stat.
§29-2221(1)(c). Subsection (c) provides committed offenders with a
recalculation of their Habitual Criminal sentence from a mandatory 10 years
to a mandatory 3 years to 20 years, which involves an inmates P.E.D. Parole
Eligibility Date.
I meet the criteria for a recalculation under the recently decided case of
State ex rel. Hilgers v. Evnen, 318 Neb 803 (2025). The Department -
NDCS, are refusing to recalculate. This is my unexhausted claim.
Id. at 1-2.
IT IS THEREFORE ORDERED that:
1. Petitioner’s Motion, Filing No. 14, is granted to the extent he seeks additional
time to file a supplement to his Petition in compliance with this Memorandum and Order
and the Court’s November 21, 2025, Order, Filing No. 13. Petitioner is warned a failure
to do so shall result in denial of the Motion to Stay and shall exclude further consideration
of his allegedly unexhausted claim in this matter.
2. The Clerk’s Office is directed to set a pro se case management deadline in this
case using the following text: February 6, 2026: check for Petitioner’s supplement to his
Petition.
Dated this 7th day of January, 2026.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Judge
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