Smith v. Frakes

Filing 44

ORDER - The motion for leave to appeal in forma pauperis (filing no. 40 ) is granted. The motion for extension of time to file certificate of appealability (filing no. 42 ) is denied to the extent this court has jurisdiction to rule on such a motio n, but the Clerk shall refer Petitioner's motion to the United States Court of Appeals for the Eighth Circuit. The motion to alter or amend judgment (filing no. 43 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM E. SMITH,
Petitioner,
v.
SCOTT R. FRAKES,
Respondent.

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4:16CV3162

ORDER

IT IS ORDERED that:
(1)
granted.

The motion for leave to appeal in forma pauperis (filing no. 40) is

(2) The motion for extension of time to file certificate of appealability (filing
no. 42) is denied to the extent this court has jurisdiction to rule on such a motion, but
the Clerk shall refer Petitioner’s motion to the United States Court of Appeals for the
Eighth Circuit.
(3)

The motion to alter or amend judgment (filing no. 43) is denied.

DATED this 5th day of September, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge