Red Kettle v. Scott Frakes

Filing 68

MEMORANDUM AND ORDER - Red Kettle's Motion for Copies (Filing No. 60 ) is denied. Red Kettle's Motion for Discovery (Filing No. 62 ), Motion to Expand the Record (Filing No. 63 ), and Motion for Enlargement of Custody (Filing No. [6 4]) are denied as premature. This case remains closed and will remain closed until after the court issues a ruling on Red Kettle's Motion for Relief From Judgment (Filing No. 61 ). To the extent Red Kettle seeks release from custody at t his time, his request is denied. Red Kettles Motion for Relief From Judgment (Filing No. 61 ) remains pending, and respondent must file any opposition to the motion within 14 days. 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

MEMORANDUM AND ORDER

This matter is before the Court on petitioner Byron Red
Kettle’s Motion for Copies (Filing No. 60), Motion for Discovery
(Filing No. 62), Motion to Expand the Record (Filing No. 63), and
Motion for Enlargement of Custody (Filing No. 64).

Upon careful

consideration,
IT IS ORDERED:
1)
denied.

Red Kettle’s Motion for Copies (Filing No. 60) is

To the extent Red Kettle seeks free copies of documents,

he does not have the right to receive copies of documents without
payment, even if the Court granted him leave to proceed in forma
pauperis.

See 28 U.S.C. § 1915(a)(1) (providing that a court may

authorize the commencement of a suit “without prepayment of fees
or security therefor”) (emphasis added).

If plaintiff requires

copies of court documents, he should contact the court clerk’s

office to determine the proper method for requesting and paying
for copies.
2)

Red Kettle’s Motion for Discovery (Filing No. 62),

Motion to Expand the Record (Filing No. 63), and Motion for
Enlargement of Custody (Filing No. 64) are denied as premature.
This case remains closed and will remain closed until after the
court issues a ruling on Red Kettle’s Motion for Relief From
Judgment (Filing No. 61).

If the Court reopens this matter and

finds Red Kettle has set forth cognizable claims in his habeas
corpus petition, the Court will order respondent to file state
court records.

Red Kettle may then file a motion with the Court

requesting additional state court records in the event he
believes additional documents or materials are relevant to his
claims.
3)

To the extent Red Kettle seeks release from custody

at this time, his request is denied.

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4)

Red Kettle’s Motion for Relief From Judgment

(Filing No. 61) remains pending, and respondent must file any
opposition to the motion within 14 days.
DATED this 14th day of July, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

* This opinion may contain hyperlinks to other documents or Web sites.
The U.S. District Court for the District of Nebraska does not endorse,
recommend, approve, or guarantee any third parties or the services or products
they provide on their Web sites. Likewise, the Court has no agreements with
any of these third parties or their Web sites. The Court accepts no
responsibility for the availability or functionality of any hyperlink. Thus,
the fact that a hyperlink ceases to work or directs the user to some other
site does not affect the opinion of the Court.

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