Kniest v. Cassady

Filing 17

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Kniest's motion for reconsideration [ECF No. 15] is DENIED with prejudice. IT IS FURTHER ORDERED that Kniest's motion for extension of time [ECF No. 13] is DENIED as moot. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.. Signed by District Judge John A. Ross on 7/21/15. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GEORGE M. KNIEST,

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Petitioner,

v.
JAY CASSADY,
Respondent,

No. 4: 15CV708 JAR

MEMORANDUM AND ORDER
Before the Court is George Kniest's motion for reconsideration of the Court's Order
dismissing his habeas petition as untimely. In the motion he claims that the petition was timely
because he had new evidence showing his actual innocence. The Court dismissed the petition
because it found that Kniest did not provide any evidence of his innocence and, in any event, it
was not new evidence as it was all available at the time of his plea and sentencing. Kniest's
evidence tends to show his guilt rather than his innocence.

As a result, the motion for

reconsideration is denied.
Accordingly,
IT IS HEREBY ORDERED that Kniest's motion for reconsideration [ECF No. 15] is
DENIED with prejudice.
IT IS FURTHER ORDERED that Kniest's motion for extension of time [ECF No. 13]
is DENIED as moot.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
Dated this 21st day of July, 2015.

~-ROSS

ED STATES DISTRICT JUDGE