Gardner v. State of Nebraska

Filing 42

ORDER- Petitioner may not proceed on appeal in forma pauperis. This matter is closed, and Petitioner should refrain from filing any further frivolous appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTIN GARDNER,
Petitioner,

8:17CV389

vs.
ORDER
STATE OF NEBRASKA,
Respondent.

This matter is before the court on the Notice of Appeal (filing 40) filed by
Petitioner on June 2, 2022, and a memorandum from the Clerk of the Court
requesting a ruling as to Petitioner’s authorization to proceed in forma pauperis
(“IFP”) on appeal (filing 41). Petitioner seeks to appeal the court’s March 31, 2022
Memorandum and Order (filing 36) denying his request for relief regarding his
inability to file additional notices of appeal.
This is Petitioner’s third appeal in this long-closed habeas case. The Eighth
Circuit Court of Appeals dismissed his two previous appeals. In light of that, I
certify that this appeal is frivolous and not taken in good faith, and Petitioner may
not proceed in forma pauperis on appeal. See Fed. R. App. P. 24(a)(3) and 28
U.S.C. § 1915(a)(3).
IT IS THEREFORE ORDERED that: Petitioner may not proceed on appeal
in forma pauperis. This matter is closed, and Petitioner should refrain from filing
any further frivolous appeals.

Dated this 8th day of June, 2022.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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