Gordon v. Nelson, et al

Filing 23

MEMORANDUM AND ORDER that this matter is before the court on Petitioner Larry Gordons "Motion for Certificate of Probable Cause of Appeal," which the court liberally construes as a notice of appeal from the court's Memorandum and O rder dated July 28, 2015. Gordon was previously granted leave to proceed in forma pauperis in this action (see Filing No. 4), so he may proceed on appeal in forma pauperis. IT IS THEREFORE ORDERED that: Petitioner may proceed on appeal in forma pau peris. To the extent a certificate of appealability is required in order to process this appeal, the court will not issue one because Gordon has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The clerk of the court is directed to send a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LARRY GORDON,
Plaintiff,
v.
BEN NELSON, Governor of the State
of Nebraska, and DONALD
STENBERG, Attorney General of the
State of Nebraska,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

8:93CV263

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner Larry Gordon’s “Motion for Certificate
of Probable Cause of Appeal,” which the court liberally construes as a notice of appeal from
the court’s Memorandum and Order dated July 28, 2015. Gordon was previously granted
leave to proceed in forma pauperis in this action (see Filing No. 4), so he may proceed on
appeal in forma pauperis.
IT IS THEREFORE ORDERED that: Petitioner may proceed on appeal in forma
pauperis. To the extent a certificate of appealability is required in order to process this
appeal, the court will not issue one because Gordon has not made a substantial showing of
the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The clerk of the court is
directed to send a copy of this Memorandum and Order to the Eighth Circuit Court of
Appeals.
DATED this 26th day of August, 2015.
BY THE COURT:
s/ Joseph F. Bataillon
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.