Jacob v. Houston

Filing 240

MEMORANDUM AND ORDER - Petitioner's motion to appeal in forma pauperis (Filing No. 237 ) is granted. Petitioner's motion for a certificate of appealability (Filing No. 238 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN M. JACOB,

)
)
Petitioner,
)
)
v.
)
)
SCOTT FRAKES,
)
)
Respondent.
)
______________________________)

4:10CV3073

MEMORANDUM AND ORDER

This matter is before the Court on the motions of the
petitioner, Steven M. Jacob (“petitioner”), for leave to appeal
in forma pauperis and for a certificate of appealability (Filing
No. 237 and Filing No. 238).

After review of the motions, the

Court finds as follows.
Leave to Appeal In Forma Pauperis
A party who was permitted to
proceed in forma pauperis in the
district-court action . . ., may
proceed on appeal in forma pauperis
without further authorization,
unless the district court -- before
or after the notice of appeal is
filed -- certifies that the appeal
is not taken in good faith or finds
that the party is not otherwise
entitled to proceed in forma
pauperis.
Fed. R. App. P. 24(a)(3).

The Court finds that petitioner may

proceed on appeal in forma pauperis.

Certificate of Appealability
The Court denied petitioner a certificate of
appealability in the Court’s June 2, 2017, order, and again upon
petitioner’s motion to alter or amend judgment (Filing No. 230).
See Filing No. 229 at 2 and Filing No. 231 at 2.

Upon review of

petitioner’s renewed motion for certificate of appealability, it
appears that the petitioner has filed it with the wrong court.
See Filing No. 238 at 1 (requesting the “Eighth Circuit Court of
Appeals, or a justice thereof” to grant a certificate of
appealability).

The petitioner may seek a grant of a certificate

of appealability from the United States Court of Appeals for the
Eighth Circuit by comporting with Fed. R. App. P. 22(b).

To the

extent that petitioner’s renewed motion again requests that this
Court grant a certificate of appealability, it will be denied.
IT IS ORDERED:
1) Petitioner’s motion to appeal in forma pauperis
(Filing No. 237) is granted.
2) Petitioner’s motion for a certificate of
appealability (Filing No. 238) is denied.
DATED this 23rd day of August, 2017.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court