Collins v. Britten et al

Filing 33

MEMORANDUM AND ORDER- In accordance with Federal Rule of Appellate Procedure 24 (a)(3), leave to proceed in forma pauperis on appeal is granted and Petitioner is relieved from paying the appellate filing fee at this time. Petitioner's Motio n for a Certificate of Appealability (Filing No. 31 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. As previously set forth in the court's order and judgment dated June 4, 2014, the court will not iss ue a certificate of appealability in this matter. (See Filing No. 27 and Filing No. 28 .) Petitioners Motion for Appointment of Counsel (Filing No. 30 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THUNDER COLLINS,

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Petitioner,
v.
FRED BRITTEN,
Respondent.

4:12CV3235

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Notice of Appeal, Motion for
Appointment of Counsel, and Motion for Certificate of Appealability. (Filing No. 29, Filing
No. 30, and Filing No. 31.) Upon careful consideration,
IT IS ORDERED that:
1.
In accordance with Federal Rule of Appellate Procedure 24(a)(3), leave to
proceed in forma pauperis on appeal is granted and Petitioner is relieved from paying the
appellate filing fee at this time.
2.
Petitioner’s Motion for a Certificate of Appealability (Filing No. 31) is denied
without prejudice to reassertion before the Eighth Circuit Court of Appeals. As previously
set forth in the court’s order and judgment dated June 4, 2014, the court will not issue a
certificate of appealability in this matter. (See Filing No. 27 and Filing No. 28.)
3.
Petitioner’s Motion for Appointment of Counsel (Filing No. 30) is denied
without prejudice to reassertion before the Eighth Circuit Court of Appeals.
DATED this 24th day of June, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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