United States of America v. $1,000.00 refunded to Mango Creek Properties, Inc. from GBS Partners,Inc. seized on January 28, 2010 et al

Filing 96

ORDER - IT IS ORDERED: The clerk of court is directed to file the above-referenced documents as of April 16, 2012. Mr. Williams' motion for an extension to file an appeal is denied as moot; and his motion to proceed in forma pauperis is granted. The clerk is directed to process the notice of appeal to the United States Court of Appeals for the Eighth Circuit forthwith. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$1,000.00 refunded to Mango
)
Creek Properties, Inc., from )
GBS Partners, Inc., seized on )
January 28, 2010; et al.,
)
)
Defendants.
)
______________________________)

8:11CV372

ORDER

This matter is before the Court on the clerk of court’s
discovery of unfiled documents.

On Friday, January 25, 2013, the

clerk of this court advised me that on January 24, 2013, a court
employee discovered the following handwritten documents from
Shannon Williams, dated April 16, 2012, in the desk drawer of an
employee who terminated his employment with the clerk’s office in
September, 2012:
1) A letter to the clerk of court dated April 11, 2012;
2) A motion for an extension to file an appeal;
3) A notice of appeal; and
4) A motion to proceed in forma pauperis.
The Court reviewed the documents and will order the
clerk’s office to file them as of April 16, 2012.

The Court

believes that Mr. Williams has raised the issues described in the
notice of appeal dated April 16, 2012, in Filing Nos. 61 and 68.

This case is currently on appeal before the United
States Court of Appeals for the Eighth Circuit.

Thus, the Court

will find the motion for an extension of time to file the appeal
moot and grant Mr. Williams’ motion to proceed in forma pauperis.
The clerk of court will be directed to process the notice of
appeal forthwith.

Accordingly,

IT IS ORDERED:
1) The clerk of court is directed to file the abovereferenced documents as of April 16, 2012.
2) Mr. Williams’ motion for an extension to file an
appeal is denied as moot; and his motion to proceed in forma
pauperis is granted.
3) The clerk is directed to process the notice of
appeal to the United States Court of Appeals for the Eighth
Circuit forthwith.
DATED this 28th day of January, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court