Gillman v. Hollingsworth

Filing 23

ORDER ENTERED: Petitioner's motion 21 for order and extension of time is denied. Signed by Senior District Judge Richard D. Rogers on 9/13/2012. (Mailed to pro se party Steven A. Gillman by regular mail.) (smnd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS STEVEN A. GILLMAN, Petitioner, v. CASE NO. 11-3228-RDR WARDEN C. MAYE, Respondent. O R D E R This petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 was dismissed as moot by Order entered on August 16, 2012. After the Order of Dismissal and Judgment were entered, the clerk received and docketed a Motion for Order apparently submitted by petitioner before he received notice of the dismissal. Respondent has filed a Response to this motion. The court denies petitioner’s motion as moot.1 The request for court action included by respondent in his response is not in proper motion form, but if it were it would likewise be denied as moot. IT IS THEREFORE BY THE COURT ORDERED that petitioner’s Motion for Order and Extension of Time (Doc. 21) is denied. IT IS SO ORDERED. 1 Petitioner suggests in his motion that “if the court rules in his favor” he will file a motion for costs. No such motion is before the court and, in any event, petitioner refers to no authority that would entitle him to receive costs in a pro se habeas corpus action. DATED: This 13th day of September, 2012, at Topeka, Kansas. s/RICHARD D. ROGERS United States District Judge

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