Garnett v. Norman

Filing 27

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioners Motion for Leave to File Supplemental Suggestions for Certificate of Appealability 26 is DENIED as moot. IT IS FURTHER ORDERED that Petitioner shall direct any further filings in his appeal to the Eighth Circuit. Signed by District Judge John A. Ross on 3/15/2016. (KMS)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TIMOTHY GARNETT, ) ) ) ) ) ) ) ) ) Petitioner, v. JAY CASSADY, Respondent. No. 4:13-cv-1546-JAR MEMORANDUM AND ORDER On January 25, 2016, this Court entered an order denying Petitioner's petition for writ of habeas corpus as untimely and denying Petitioner a certificate of appealability. (Doc. No. 17) On February 26, 2016, Petitioner filed a motion for leave to appeal in forma pauperis (Doc. No. 20) and a motion for certificate of appealability (Doc. No. 21). The Court granted Petitioner’s motion for leave to appeal in forma pauperis and denied his motion for certificate of appealability on February 29, 2016. (Doc. No. 22) On March 3, 2016, Petitioner’s appeal was docketed in the Eighth Circuit Court of Appeals, No. 16-1553. Petitioner has now filed a Motion for Leave to File Supplemental Suggestions for Certificate of Appealability in this closed case. (Doc. No. 26) Because this matter is now pending before the Eighth Circuit, Petitioner’s motion will be denied as moot for lack of jurisdiction. Accordingly, IT IS HEREBY ORDERED that Petitioner’s Motion for Leave to File Supplemental Suggestions for Certificate of Appealability [26] is DENIED as moot. IT IS FURTHER ORDERED that Petitioner shall direct any further filings in his appeal to the Eighth Circuit. Dated this 15th day of March, 2016. JOHN A. ROSS UNITED STATES DISTRICT JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?