IN THE UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF NEBRASKA


IN THE MATTER OF 			)
THE ASSIGNMENT OF HABEAS     		)
CORPUS PETITIONS INVOLVING 		)
CLAIMS OF STATE PRISONERS    		)GENERAL ORDER 89-  01  
UNDER SENTENCE OF DEATH			)
                              		)


     Pursuant to the authority granted by Local Rule 50, the
court determines that the number of pending and anticipated
habeas corpus petitions involving the claims of state prisoners
under sentence of death poses a special instance requiring the
variance from the otherwise applicable assignment provisions of
the local rules.

     IT IS THEREFORE ORDERED:

      1.Upon the filing of such a habeas corpus petition the
clerk shall assign it to the Lincoln docket or the Omaha docket
(for assignment to a specific Omaha judge) in accordance with the
following:  Cases of such prisoners who were sentenced in
Douglas, Sarpy, Washington or Dodge Counties shall be assigned to
one of the active or senior judges stationed at Omaha in
accordance with Local Rule 11; cases of such prisoners who were
sentenced in any other county shall be assigned to an active or
senior judge stationed at Lincoln.  the judge to whom such a case
is assigned may refer appropriate matters therein to any full-
time magistrate for rulings or recommendations as may be
applicable.  Following assignment, the clerk shall deliver the
file to the assigned district judge or to a magistrate in
accordance with the practices or directives of the district
judge.

      2.Notwithstanding the foregoing:

      a)The Chief Judge may, in order to provide for
equitable distribution of such cases, order any such case
reassigned to a judge other than the one to whom it was
originally assigned.

      b)Such cases which have been, prior to entry of this
order, considered on the merits in whole or in part by a district
judge shall remain assigned to that judge for subsequent
proceedings and consideration.

      c)In the event the district judge to whom the case
is assigned is absent or not available to consider a motion for a
stay of execution, any district judge may consider and rule on
such a motion.

      3.Any such case which has not yet been considered on the
merits may be reassigned in accordance with this order.


DATED: May 26, 1989.       

     BY THE COURT:

     
            (signed)                    
     LYLE E STROM, Chief Judge
     United States District Court

            (signed)                    
     WARREN K. URBOM
     United States District Judge

            (signed)                    
     WILLIAM G. CAMBRIDGE
     United States District Judge