McNelly (ID 69108) v. Cline et al
MEMORANDUM AND ORDER ENTERED: Petitioner's motion 12 is granted. The Clerk of the Court shall withdraw the Memorandum and Order entered November 3, 2017 4 and shall enter a corrected version of that document upon the docket. Signed by U.S. Senior District Judge Sam A. Crow on 12/01/17. Mailed to pro se party Kenneth McNelly by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CASE NO. 17-3141-SAC
MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s second motion
to alter or amend (Doc. #12), in which he seeks a correction to the
background information provided in the Court’s Memorandum and Order
November 3, 2017 (Doc. #4).
The Court has examined the decisions entered in the Kansas
appellate courts1 and concludes its original order contains factual
information that is not adequately substantiated. Accordingly, the
Court will modify its earlier order to correct the facts to conform
to the factual background statements contained in the state appellate
court decisions. This correction does not alter the reasoning or
decision of the Court.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion (Doc.
#12) is granted. The Clerk of the Court shall withdraw the Memorandum
and Order entered on November 3, 2017 (Doc. #4) and shall enter a
corrected version of that document upon the docket.
The Court has considered McNelly v. State, 302 P.3d 44 (Table), 2013 WL 2918485
(Kan. App. Jun. 7, 2013) and State v. McNelly, 227 P.3d 1010 (Table), 2010 WL 1253624
(Kan. App. Mar. 26, 2010). Because both decisions reflect only a single victim, the
Court is persuaded its original decision should be modified in the interests of
The Clerk of the Court shall provide a copy of this order to the
Clerk of the U.S. Court of Appeals for the Tenth Circuit.
IT IS SO ORDERED.
This 1st day of December, 2017, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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