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)

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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

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