Cook v. Kenney et al

Filing 32

MEMORANDUM AND ORDER denying the Petitioner's 25 Motion for Leave to Amend Petition; The Petitioner's 27 Motion for Leave to Appeal in forma pauperis is granted. 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
TODD L. COOK,
Petitioner,
v.
MICHAEL KENNEY, Director, and
DIANE SABATKA-RINE, Warden,
Respondents.

)
)
)
)
)
)
)
)
)
)

4:13CV3215

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Appeal in
Forma Pauperis (“IFP”) (Filing No. 27). Pursuant to 28 U.S.C. § 1915(a)(1)-(2), and
after considering Petitioner’s financial status as shown in the records of this court,
leave to proceed in forma pauperis on appeal will be granted and Petitioner is relieved
from paying the appellate filing fee at this time.
Also pending is Petitioner’s Motion for Leave to Amend Petition for Writ of
Habeas Corpus (Filing No. 25), which Petitioner placed in the prison mail system the
day before the court entered judgment in this matter. For the reasons set forth in the
court’s Memorandum and Order dated September 26, 2014, a stay and abeyance is not
appropriate in this matter and Petitioner’s Motion for Leave to Amend Petition will
be denied.
IT IS THEREFORE ORDERED that:
1.
is granted.

Petitioner’s Motion for Leave to Proceed IFP on Appeal (Filing No. 27)

2.
denied.

Petitioner’s Motion for Leave to Amend Petition (Filing No. 25) is

DATED this 16th day of October, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

2