Gardner v. State of Nebraska

Filing 161

ORDER - To the extent Petitioner seeks this court's permission to proceed in forma pauperis on appeal, his motion (filing 160 ) is denied for the reasons given in the court's January 6, 2022 Memorandum and Order. The Clerk of the Court is directed to transmit Petitioner's Supplemental Notice of Appeal (filing 159 ) and Motion for Leave to Proceed on Appeal in Forma Pauperis (filing 160 ) to the Eighth Circuit Court of Appeals as a supplement to his Notice of Appeal (filing 153 ). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & transmitted to 8th circuit as directed)(LKO)

8:18-cv-00046-RGK-PRSE Doc # 161 Filed: 01/26/22 Page 1 of 2 - Page ID # 1118

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

8:18CV46

vs.
ORDER
STATE OF NEBRASKA,
Respondent.

On December 27, 2021, Petitioner Justin Gardner filed a Notice of Appeal
(filing 153) which was docketed with the Clerk of the Eighth Circuit Court of
Appeals on January 7, 2022 (filing 157). The Eighth Circuit entered an order
directing Petitioner to either pay the $505 appellate filing and docketing fee or file
a motion for leave to proceed in forma pauperis in that court by February 4, 2022.
(Filing 158.) On January 21, 2022, Petitioner filed in this court a “Supplemental
Notice of Appeal” (filing 159), which purports to supplement his Notice of Appeal
(filing 153) to include additional orders as part of his pending appeal, and a Motion
for Leave to Proceed on Appeal in Forma Pauperis (filing 160). Upon
consideration,
IT IS ORDERED that:
1.
To the extent Petitioner seeks this court’s permission to proceed in
forma pauperis on appeal, his motion (filing 160) is denied for the reasons given in
the court’s January 6, 2022 Memorandum and Order.
2.
The Clerk of the Court is directed to transmit Petitioner’s
Supplemental Notice of Appeal (filing 159) and Motion for Leave to Proceed on
Appeal in Forma Pauperis (filing 160) to the Eighth Circuit Court of Appeals as a
supplement to his Notice of Appeal (filing 153).

8:18-cv-00046-RGK-PRSE Doc # 161 Filed: 01/26/22 Page 2 of 2 - Page ID # 1119

Dated this 26th day of January, 2022.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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