Lathrop v. Britton

Filing 23

MEMORANDUM AND ORDER denying as duplicative the Petitioner's 21 Motion for Leave to Appeal in forma pauperis. The Clerk of the court is directed not to process Petitioners duplicative Notice of Appeal and to send a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANIEL J. LATHROP,
Petitioner,
v.
ATTORNEY GENERAL OF
NEBRASKA, and FRED BRITTEN,
Respondents.

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8:11CV32

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Appeal In
Forma Pauperis (filing no. 21) and Notice of Appeal (filing no. 20). This court
already granted Petitioner leave to appeal in forma pauperis on August 31, 2011.
(Filing No. 17.) The Clerk of court processed Petitioner’s appeal the following day.
(Filing No. 18.) Thus, Petitioner’s filings are duplicative.
IT IS THEREFORE ORDERED that:
1.
Petitioner’s Motion for Leave to Appeal In Forma Pauperis (filing no.
21) is denied as duplicative.
2.
The Clerk of the court is directed not to process Petitioner’s duplicative
Notice of Appeal and to send a copy of this Memorandum and Order to the Eighth
Circuit Court of Appeals.
DATED this 28th day of September, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge