Gardner v. State of Nebraska

Filing 15

ORDER: The petitioner may not proceed informa pauperis on appeal. The Notice of Appeal to USCA 11 is out of time. The Clerk of the United States District Court for the District of Nebraska shall not process the appeal. The Clerk of the United States District Court for the District of Nebraska shall provide a copy of this order to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTIN GARDNER,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.

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8:17CV389

ORDER

This matter comes on for consideration of the untimely appeal memo prepared by the Deputy
Clerk (filing no. 13) regarding the notice of appeal (filing no. 11). It is apparent that the notice of
appeal is out of time inasmuch as judgment was entered in this case on November 29, 2017, and the
notice of appeal in this case was filed on May 16, 2018. The Petitioner did not pay the $5.00 filing
fee, nor file an application to proceed informa pauperis in this court. The Petitioner was ordered to
do so in filing no. 3 on October 18, 2017, but did not do so. He has still not done so. The Petitioner
has not paid the appellate filing fee either. The Petitioner has failed to show any cause for the late
filing of the notice of appeal under Federal Rules of Appellate Procedure 4 or otherwise. Accordingly,
IT IS ORDERED that:
(1)

The Petitioner may not proceed informa pauperis on appeal.

(2)

The notice of appeal (filing no. 11) is out of time.

(3)
The Clerk of the United States District Court for the District of Nebraska shall not
process the appeal.
(4)
The Clerk of the United States District Court for the District of Nebraska shall provide
a copy of this order to the Clerk of the United States Court of Appeals for the Eighth Circuit.1
DATED this 17th day of May, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
1

As I have indicated before to the Petitioner (filing no. 10), his petition was dismissed without
prejudice and for the second time the Petitioner is advised that he may file a new habeas corpus
petition using the standard form that was previously mailed to him by the Clerk of the Court. If he
does so, he should either pay the $5.00 filing fee or file an application to proceed in forma pauperis.