Red Kettle v. Scott Frakes

Filing 83

ORDER - Red Kettle's request to incorporate his previous filings into his amended petition (Filing No. 81 ) 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.
SCOTT FRAKES, Director,
Nebraska Department of
Correctional Services,
Respondent.

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8:13CV171

ORDER

At the Court’s direction, petitioner Byron Red Kettle
filed an Amended Petition for Writ of Habeas Corpus (Filing No.
80) (“amended petition”) on November 2, 2015.

Along with his

amended petition, Red Kettle filed a request asking the Court to
incorporate all of his “pleadings previously filed” in this case
into his amended petition.

(Filing No. 81.)

The Court will deny

Red Kettle’s request.
The Court provided Red Kettle with the following word
of caution in its previous order:
The Court notes Red Kettle’s
tendency to routinely file
supplements, amended petitions, and
motions seeking to amend his
claims. These filings frustrate
the Court’s ability to effectively
manage and progress this case.
Therefore, Red Kettle will have 30
days in which to file one amended
petition for writ of habeas corpus
that incorporates all of his claims

for relief. The amended petition
must not incorporate any part of
his prior petitions or supplements
to his petitions. The amended
petition will supersede Red
Kettle’s prior pleadings in this
matter. Red Kettle is encouraged
to use the court-approved form to
draft his amended petition, which
the clerk of the court will provide
to him. Red Kettle is ordered not
to file any other amended pleadings
or supplements to his amended
pleadings, aside from the one
contemplated above, without first
obtaining leave of court.
(Filing No. 78 at CM/ECF p. 5.)
Red Kettle’s amended petition (Filing No. 80) is the
operative petition in this case.

His previously filed

supplements, amended petitions, and motions seeking to amend his
claims number well over 500 pages.

As Red Kettle has already

been advised, he may not incorporate any part of his prior
petitions or supplements into his amended petition.

In addition,

as he has already been advised, he is ordered not to file any
other amended pleadings or supplements to his pleadings without
first obtaining leave of court.

(See Filing No. 78 at CM/ECF p.

5.)

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IT IS ORDERED that Red Kettle’s request to incorporate
his previous filings into his amended petition (Filing No. 81) is
denied.
DATED this 4th day of November, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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