Kelly v. Tecumseh State Corrections Institute

Filing 10

MEMORANDUM OPINION that this case will be dismissed without prejudice because petitioner failed to prosecute it diligently. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
A.J. KELLY,

)
)
Plaintiff,
)
)
v.
)
)
TECUMSEH STATE CORRECTIONS
)
INSTITUTE,
)
)
Defendant.
)
______________________________)

8:15CV78

MEMORANDUM OPINION

This matter is before the Court on its own motion.

On

August 4, 2015, petitioner was ordered to file an amended
petition for writ of habeas corpus within 30 days.

The Court

warned petitioner that his failure to file an amended petition
would result in dismissal of this case without prejudice and
without further notice.

To date, petitioner has not filed an

amended petition or taken any other action in this matter.
case will be dismissed without prejudice because petitioner

This

failed to prosecute it diligently.

A separate order will be

entered in accordance with this memorandum opinion.
DATED this 7th day of October, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court