Campbell v. Britten

Filing 8

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Evidentiary Hearing and Brief (Filing No. 6 ) is denied. The clerk's office is directed to mail to Petitioner a copy of the Docket Sheet in Case Number 4:12CV3257. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HERBERT L. CAMPBELL,
Petitioner,
v.
FRED BRITTEN, et al,
Respondent.

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CASE NO. 4:13CV3102

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s “Motion for Evidentiary Hearing and
Brief.” (Filing No. 6.) Liberally construed, Petitioner moves the court for a hearing on the
court and clerk’s office’s failure to construe a particular document as a notice of intent to
appeal to be filed in Case Number 4:12CV3257. Because the document has now been
filed as a notice of appeal in Case Number 4:12CV3257 as of the date it was first received,
no hearing on the issue is necessary. (See Filing No. 4 (directing the clerk’s office to file
the materials found at Filing Number 1 as a notice of appeal in 4:12CV3257).)
IT IS THEREFORE ORDERED that: Petitioner’s Motion for Evidentiary Hearing and
Brief (Filing No. 6) is denied. The clerk’s office is directed to mail to Petitioner a copy of
the Docket Sheet in Case Number 4:12CV3257.
DATED this 12th day of June, 2013.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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