Harden v. Gage et al

Filing 51

MEMORANDUM AND ORDER - Petitioner's correspondence, construed as a motion for copies (Filing 50 ), is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT HARDEN,
Petitioner,

8:13CV356

vs.
MEMORANDUM AND ORDER
BRIAN GAGE, Warden; and ROBERT
HOUSTON, Director of Department of
Corrections;
Respondents.
This matter is before me on Petitioner’s correspondence, which I construe as
a motion for copies. (Filing 50.) Petitioner requests a copy of “the entire order of
denial of my habeas corpus . . . specifically containing the Certificate of
Appealability option.” (Id.)
A copy of the Memorandum and Order (Filing 33) and Judgment (Filing 34)
dismissing Petitioner’s habeas petition with prejudice was sent to Petitioner on or
about September 2, 2014. (See Docket Sheet.) It is safe to assume Petitioner
received the documents as he prosecuted a timely appeal from the judgment of
dismissal. (See Filing 35 (Notice of Appeal); Filing 42 (Eighth Circuit Court of
Appeals’ Judgment denying application for certificate of appealability and
dismissing appeal).)
Petitioner is not entitled to a free copy of the Memorandum and Order
dismissing his habeas petition. Petitioner did not proceed in forma pauperis in this
matter, so he is not entitled to copies of records without cost under 28 U.S.C. §
2250. If Petitioner requires copies of court documents, he should contact this
court’s clerk’s office to determine the proper method for requesting and paying for
copies. See NEGenR 1.3(a)(1)(A)(iii) (“Paper and certified copies of electronically

filed documents may be purchased from the clerk for a fee collected under 28
U.S.C. § 1914.”)
IT IS THEREFORE ORDERED that: Petitioner’s correspondence,
construed as a motion for copies (Filing 50), is denied.
Dated this 20th day of May, 2021.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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