Allee v. Nebraska Attorney General et al

Filing 72

ORDER that this court will not issue a certificate of appealability in this case. The Clerk of Court is directed to process the appeal and to send a copy of this Order and a copy of Filing No. 71 to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Joseph F. Bataillon. (ADB, ) Modified on 4/22/2009 to remove from text that a copy was mailed to pro se party. Plaintiff has an attorney (ADB, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JUSTIN J. ALLEE, Petitioner, v. NEBRASKA ATTORNEY GENERAL, and WARDEN OF USP-LEAVENWORTH, Respondents. ) ) ) ) ) ) ) ) ) ) ) )

8:05CV229

ORDER

This matter is before the court pursuant to an order entered March 4, 2009, giving petitioner thirty days to file a motion for a certificate of appealability. Filing No. 71. Petitioner has failed to file such motion or brief, and accordingly, the court will not issue a certificate of appealability. THEREFORE, IT IS ORDERED that this court will not issue a certificate of appealability in this case. The Clerk of Court is directed to process the appeal and to send a copy of this Order and a copy of Filing No. 71 to the Eighth Circuit Court of Appeals. DATED this 22nd day of April, 2009. BY THE COURT:

s/ Joseph F. Bataillon Chief United States District Judge