Robertson v. Frakes

Filing 21

ORDER - Petitioner may proceed on appeal in forma pauperis without further authorization. Petitioner's Motion for Extension of Time (filing no. 20 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. The clerk's office is directed to provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and 8th Circuit) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEENON A. ROBERTSON,
Petitioner,

8:17CV201

vs.
ORDER
SCOTT FRAKES, Director of Nebraska
Department of Correctional Services;
Respondent.
This matter is before the court on the Notice of Appeal (filing no. 18) filed
by Petitioner on June 25, 2018. Petitioner appeals from this court’s Order and
Judgment dated May 31, 2018. (Filing No. 16; Filing No. 17.) He also requests an
extension of time to file a request for a certificate of appealability in the Eighth
Circuit Court of Appeals. (Filing No. 20.) Also before the court is the
memorandum from the Clerk of the Court (filing no. 19) requesting a decision as to
whether Petitioner may proceed on appeal in forma pauperis.
First, the court finds that Petitioner may proceed on appeal in forma pauperis
without further authorization pursuant to Rule 24(a)(3) of the Federal Rules of
Appellate Procedure. (See Filing No. 6.)
Lastly, Petitioner asks for an extension of time to file his request for a
certificate of appealability with the Eighth Circuit Court of Appeals. This relief
should be sought directly from the Eighth Circuit. See Fed. R. App. P. 22(b)(2) (“A
request addressed to the court of appeals may be considered by a circuit judge or
judges, as the court prescribes. If no express request is filed, the notice of appeal
constitutes a request addressed to the judges of the court of appeals.”).
Accordingly, Petitioner’s Motion for Extension of Time (Filing No. 20) will be
denied without prejudice to reassertion before the Eighth Circuit.

IT IS ORDERED that:
1.
Petitioner may proceed on appeal in forma pauperis without further
authorization.
2.
Petitioner’s Motion for Extension of Time (filing no. 20) is denied
without prejudice to reassertion before the Eighth Circuit Court of Appeals.
3.
The clerk’s office is directed to provide the Eighth Circuit Court of
Appeals with a copy of this order.
Dated this 26th day of June, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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