In Re: Seeletter Denise Livingston
MEMORANDUM AND ORDER - The motion for summary judgment (filing no. 10 ) is granted, the petition (filing no. 1 ) is dismissed with prejudice, no certificate of appealability has been or will be issued, and a separate judgment will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SCOTT FRAKES, Director of the
Nebraska Department of Correctional
Petitioner has filed a motion for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. As shown by the uncontested motion for summary judgment and supporting
materials (filing no. 10, filing no. 11, and filing no. 12), the AEDPA statute of
limitations has run and there is no basis for tolling the statute or excusing the tardy
submission. Additionally, the claims have been procedurally defaulted. Still further,
there is no basis for a certificate of appealability.
IT IS ORDERED that the motion for summary judgment (filing no. 10) is
granted, the petition (filing no. 1) is dismissed with prejudice, no certificate of
appealability has been or will be issued, and a separate judgment will be issued.
DATED this 9th day of May, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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