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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TIMOTHY GARNETT,
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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
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