Red Kettle v. Scott Frakes

Filing 132

MEMORANDUM AND ORDER - Petitioner's motion for DNA testing (Filing No. 130 ) is denied. His corresponding motion to appoint counsel (Filing No. 131 ) is also denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BYRON K. RED KETTLE,
Petitioner,

8:13CV171

vs.
MEMORANDUM
AND ORDER

SCOTT FRAKES,
Respondent.

Petitioner seeks an order from the court ordering DNA testing of evidence in
his case pursuant to 18 U.S.C. § 3600. (Filing No. 130.) Section 3600 states, in
relevant part:
Upon a written motion by an individual sentenced to imprisonment or
death pursuant to a conviction for a Federal offense (referred to in this
section as the “applicant”), the court that entered the judgment of
conviction shall order DNA testing of specific evidence if . . .
(emphasis added). Petitioner’s request fails for two reasons: (1) this habeas action
is before the court to challenge Petitioner’s Nebraska state court convictions, not
his South Dakota federal conviction, and (2) this court did not enter judgment of
his federal conviction. The court reminds Petitioner, again, this case is closed.
IT IS THEREFORE ORDERED that: Petitioner’s motion for DNA testing
(Filing No. 130) is denied. His corresponding motion to appoint counsel (Filing
No. 131) is also denied.

Dated this 13th day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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