Leonor v. Houston

Filing 108

MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal in Forma Pauperis (Filing No. 107 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUAN LUIS LEONOR,
Petitioner,

4:05CV3162

vs.
ROBERT HOUSTON,

MEMORANDUM
AND ORDER

Respondent.
This matter is before the court on Petitioner’s Motion for Leave to Appeal in
Forma Pauperis. (Filing No. 107.) Petitioner filed a Notice of Appeal (Filing No.
106) on October 23, 2017. Petitioner appeals from the court’s Judgment dated
September 27, 2017 (Filing No. 105) which denied Petitioner’s motions to amend
his habeas corpus petition (Filing No. 103) and to reopen the judgment pursuant to
Fed. R. Civ. P. 60(b)(6) (Filing No. 104). Upon review of Petitioner’s Motion for
Leave to Appeal in Forma Pauperis, the court finds the motion is denied as moot.
Because Petitioner was previously given leave to proceed IFP, he may now
“proceed on appeal in forma pauperis without further authorization” in accordance
with Federal Rule of Appellate Procedure 24. (See also Filing No. 96.)
IT IS THEREFORE ORDERED that: Petitioner’s Motion for Leave to
Appeal in Forma Pauperis (Filing No. 107) is denied as moot.
Dated this 26th day of October, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge