Gardner v. State of Nebraska

Filing 155

MEMORANDUM AND ORDER that 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)(LAC)

8:18-cv-00046-RGK-PRSE Doc # 155 Filed: 01/06/22 Page 1 of 2 - Page ID # 1101

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

8:18CV46

vs.
MEMORANDUM AND ORDER
STATE OF NEBRASKA,
Respondent.

This matter is before the court on the Notice of Appeal (filing 153) filed by
Petitioner Justin Gardner on December 27, 2021, and a memorandum from the
Clerk of the Court requesting a ruling as to Petitioner’s authorization to proceed in
forma pauperis on appeal (filing 154). Petitioner purports to appeal from multiple
orders and judgments (filings 31–34, 36, 37, 45, 52, 54, 55, 58, 61–64, 66, 67, 72–
75, 92, 122, 140, 144, 149, 151, & 152)1 entered by this court and the Eighth
Circuit Court of Appeals dating as far back as the court’s August 21, 2018
Memorandum and Order (filing 32) and Judgment (filing 33) denying and
dismissing Petitioner’s habeas petition with prejudice. As Petitioner has pursued an
interlocutory appeal, direct appeal, and six subsequent appeals in this matter,
which has long been closed, 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.
1

The court could not identify a filing associated with the order purportedly
entered on September 17, 2018, denying “Appellant’s Motion to Proceed On Appeal In
Forma Pauperis . . . As Moot” which Petitioner seeks to appeal. (Filing 153 at CM/ECF
p. 29.)

8:18-cv-00046-RGK-PRSE Doc # 155 Filed: 01/06/22 Page 2 of 2 - Page ID # 1102

Dated this 6th day of January, 2022.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

2