Cook v. Kenney et al
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,
MICHAEL KENNEY, Director, and
DIANE SABATKA-RINE, Warden,
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
IT IS THEREFORE ORDERED that:
Petitioner’s Motion for Leave to Proceed IFP on Appeal (Filing No. 27)
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
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