Red Kettle v. Scott Frakes

Filing 45

ORDER - Petitioner's Motion for Reconsideration (Filing No. 43 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BYRON K. RED KETTLE,
Petitioner,
v.
MICHAEL L. KENNY, Director,
Nebraska Department of
Correctional Services,
Respondent.

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8:13CV171

ORDER

This matter is before the Court on petitioner’s Motion
for Reconsideration (Filing No. 43).

Petitioner seeks

reconsideration of the Court’s Memorandum Opinion and Order and
Judgment dated April 18, 2014, in which the Court dismissed
petitioner’s habeas corpus petition because it is a second or
successive petition that has not been authorized by the United
States Circuit Court of Appeals for the Eighth Circuit (Filing
No. 40).
Upon careful consideration, the Court finds no good
cause to reconsider any portion of its previous order.

As set

forth in the Court’s Memorandum Opinion dated April 18, 2014, if
petitioner wishes to pursue this matter, he should file a motion
with the Eighth Circuit Court of Appeals fully addressing the
legal requirements for successive habeas corpus petitions set
forth in 28 U.S.C. § 2244(b).

IT IS ORDERED that petitioner’s Motion for
Reconsideration (Filing No. 43) is denied.
DATED this 2nd day of May, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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