Allee v. Nebraska Attorney General et al

District of Nebraska, ned-8:2005-cv-00229

ORDER that this court will not issue a certificate of appealability in this case. The Clerk of Court is directed to process the appeal and to send a copy of this Order and a copy of Filing No. 71 to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Joseph F. Bataillon. Modified on 4/22/2009 to remove from text that a copy was mailed to pro se party. Plaintiff has an attorney.

Interested in this case?

Current View

Full Text

8:05-cv-00229-JFB-TDT Doc # 72 Filed: 04/22/09 Page 1 of 1 - Page ID # 285 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JUSTIN J. ALLEE,)) Petitioner,) 8:05CV229) v.)) NEBRASKA ATTORNEY GENERAL, and) ORDER WARDEN OF USP-LEAVENWORTH,))) Respondents.)) This matter is before the court pursuant to an order entered March 4, 2009, giving petitioner thirty days to file a motion for a certificate of appealability. Filing No. 71. Petitioner has failed to file such motion or brief, and accordingly, the court will not issue a certificate of appealability. THEREFORE, IT IS ORDERED that this court will not issue a certificate of appealability in this case. The Clerk of Court is directed to process the appeal and to send a copy of this Order and a copy of Filing No. 71 to the Eighth Circuit Court of Appeals. DATED this 22nd day of April, 2009. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge