Harper v. Houston et al

Filing 24

ORDER denying 21 Motion for Reconsideration ; denying 22 Motion for Certificate of Appealability. In accordance with the court's March 9, 2012, Memorandum and Order, Petitioner shall have until April 6, 2012, to either amend his Petition to delete the successive claims (Parts 1 and 2 of his claim), or to seek authorization from the Eighth Circuit Court of Appeals to proceed on these successive claims; and In the event that Petitioner takes no action by April 6, 2012, the court will dismiss Parts 1 and 2 of Petitioner's habeas claim and will progress this matter on the merits of Part 3 only. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERNEST C. HARPER,
Petitioner,
v.
ROBERT P. HOUSTON, Director
Nebraska Department of Corr., FRED
BRITTEN, Warden, Tecumseh
Correctional Inst., and NEBRASKA
DEPARTMENT OF CORRECTIONAL
SERVICES,
Respondents.

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CASE NO. 8:11CV324

ORDER

This matter is before the court on Petitioner’s Motion for Reconsideration (Filing No.
21) and Motion for Certificate of Appealability (Filing No. 22.) On March 9, 2012, the court
determined that Parts 1 and 2 of the claim set forth in Petitioner’s Petition for Writ of
Habeas Corpus (“Petition”) were successive. (Filing No. 20.) The court granted Petitioner
until April 6, 2012, in which to either amend his Petition to delete these claims or seek
authorization from the Eighth Circuit Court of Appeals to proceed on these successive
claims. (Id.)
The court has carefully reviewed the record and Petitioner’s pending Motions and
finds no reason to reconsider or revise any part of its previous Memorandum and Order.
As such, the Motions are denied, and Petitioner shall have until April 6, 2012, in which to
comply with the court’s March 9, 2012, Memorandum and Order.
IT IS THEREFORE ORDERED that:
1.

Petitioner’s Motion for Reconsideration (Filing No. 21) and Motion for
Certificate of Appealability (Filing No. 22) are denied;

2.

In accordance with the court’s March 9, 2012, Memorandum and Order,
Petitioner shall have until April 6, 2012, to either amend his Petition to delete
the successive claims (Parts 1 and 2 of his claim), or to seek authorization
from the Eighth Circuit Court of Appeals to proceed on these successive
claims; and

3.

In the event that Petitioner takes no action by April 6, 2012, the court will
dismiss Parts 1 and 2 of Petitioner’s habeas claim and will progress this
matter on the merits of Part 3 only.

DATED this 30th day of March, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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