Smith v. Bakewell et al

Filing 18

MEMORANDUM AND ORDER - Petitioner has not requested, and the court declines to issue, a certificate of appealability. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party and to the Court of Appeals)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEVIN G. SMITH,
Petitioner,
v.
ROBERT BAKEWELL, Warden,
Respondents.

)
)
)
)
)
)
)
)
)

8:10CV278

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On February 28, 2011, the court
granted Petitioner one additional opportunity to submit a motion for certificate of
appealability and brief in support no later than March 28, 2011. (Filing No. 17.) In that
Memorandum and Order, the court warned Petitioner that “[i]n the event that Petitioner
fails to file a motion and brief . . . the court will deny the issuance of a certificate of
appealability without further notice.” (Id. at CM/ECF p. 2.) Petitioner did not file such
pleadings and has taken no other action in this matter.
IT IS THEREFORE ORDERED that:
1.
Petitioner has not requested, and the court declines to issue, a certificate of
appealability.
2.
The Clerk of the court shall provide the Court of Appeals with a copy of this
Memorandum and Order.
DATED this 13th day of June, 2011.
BY THE COURT:
Richard G. Kopf
United States District Judge