Alvarado v. Hansen

Filing 47

MEMORANDUM AND ORDER - that Petitioner's Motion for Status Report on Request for Assembling of Record (filing no. 46 ) is granted to the extent consistent with this Memorandum and Order. 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
TELESFORO ALVARADO,
Petitioner,
vs.
BRAD HANSEN, Warden et. al.;

8:17CV283
MEMORANDUM
AND ORDER

Respondent.
This matter is before the court on Petitioner’s Motion for Status Report on
Request for Assembling of Record. (Filing No. 46.) On October 11, 2018,
Petitioner filed a request asking the clerk of court to assemble the record for his
appeal and forward the record to Petitioner and the Eighth Circuit Court of
Appeals. Here, Petitioner inquires as to whether his request for assembly of the
record has been granted and whether the Eighth Circuit has received the assembled
record.
The court takes this opportunity to inform Petitioner that the entire record in
this case will be available to the Eighth Circuit Court of Appeals for review on
appeal. (See Filing No. 43.) Rule 30A(a)(2) of the Eighth Circuit Local Rules
provides that
In all pro se appeals, the entire district court record is available for
review. If the record is available in electronic format, the court will
review the electronic version of the record. At the time a pro se notice
of appeal is filed, the clerk of the district court must transmit to the
clerk of this court the originals or paper copies of those portions of the
original record which are not available through PACER, such as
documentary exhibits, administrative records and state court files.

All documents and exhibits submitted by the parties in this case are contained
within the court record and are available in electronic format for review by the
Court of Appeals. Thus, it was not necessary for Petitioner to request that copies of
the exhibits and court records be provided to the Court of Appeals. The clerk of
court has forwarded Petitioner’s request for the assembling of the record (filing no.
44) to the Court of Appeals so the Court of Appeals has been made aware of the
materials Petitioner wishes to be considered on appeal.1 (See Filing No. 45.)
Accordingly,
IT IS ORDERED that Petitioner’s Motion for Status Report on Request for
Assembling of Record (filing no. 46) is granted to the extent consistent with this
Memorandum and Order.
Dated this 15th day of November, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

1

To the extent Petitioner requested materials to be included in the record on appeal that
were not previously filed and made part of the record in this court, such materials are not part of
the record on appeal. See Eighth Circuit Rule 30A(a)(2) (“In all pro se appeals, the entire district
court record is available for review.” (emphasis added)).

2