Gonzalez Martinez v. Settles

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUAN GONZALEZ MARTINEZ,
Petitioner,
vs.
SHAUN SETTLES,
Respondent.
8:20CV372
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Motion Requesting Additional
Designation of State Court Records (the “Motion”), Filing No. 82, and Respondent’s
Brief in Response to the Motion, Filing No. 85.
In the Motion, Petitioner requested the following additional state court records,
which were filed in the Lancaster County District Court at case number CR18-511:
1. Petitioner’s May 30, 2023, verified motion for postconviction relief and the
state district court’s order denying that motion without an evidentiary hearing;
2. Petitioner’s November 30, 2022, request to reinstate his appeal process
and the order of the state district court denying that request;
3. Petitioner’s December 19, 2022, letter and pro se motion for
postconviction relief and the order of the state district court denying that motion;
4. The State of Nebraska’s subpoena of Cindy West.
Filing No. 82.
As Respondent indicates in his Brief in Response, the first three requested
additional records are already contained in Respondent’s Designation of State Court
Records. See Filing No. 77-11 at 167–68, 170–95, 216–53, and 266–70. With respect
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to the fourth requested document, Respondent provided with his Brief in Response a
praecipe and subpoena for Cindy West filed on May 31, 2019, and a return filed on
June 14, 2019, showing that personal service was attempted on June 12, 2019, but
failed. Filing No. 85-1.
Thus, upon review, the documents Petitioner requested in his Motion are either
already included in the Designation or have now been provided by Respondent and
made part of the record in this case. Accordingly,
IT IS THEREFORE ORDERED that:
1. Petitioner’s Motion Requesting Additional Designation of State Court
Records, Filing No. 82, is granted to the extent that the records requested by Petitioner
are included in the record of this case and are available to Petitioner and his counsel.
2. In accordance with the Court’s November 3, 2025, order, see Filing No.
84, Petitioner shall have until December 17, 2025, to file his brief in response to
Respondent’s Answer.
3. The Clerk of Court is directed to set a pro se case management deadline
using the following text: December 17, 2025: deadline for Petitioner’s brief.
Dated this 17th day of November, 2025.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Judge
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