Gardner v. Nebraska

Full title: JUSTIN GARDNER, Petitioner, v. STATE OF NEBRASKA, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Date published: Nov 15, 2019

8:18CV241 (D. Neb. Nov. 15, 2019)

Opinion

8:18CV241

11-15-2019

JUSTIN GARDNER, Petitioner, v. STATE OF NEBRASKA, Respondent.

Richard G. Kopf Senior United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on Petitioner's Motion to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). (Filing No. 36.) The court dismissed Petitioner's habeas petition with prejudice on June 12, 2019. (Filing Nos. 26 & 27.) Petitioner prosecuted an appeal to the Eighth Circuit Court of Appeals which denied a certificate of appealability and dismissed the appeal on October 4, 2019. (See Filing No. 34.) The mandate issued on October 25, 2019. (Filing No. 35.) This matter is closed, and no further action is required by the court. Accordingly,

IT IS ORDERED that: Petitioner's Motion to Dismiss (filing no. 36) is denied as moot.

Dated this 15th day of November, 2019.

BY THE COURT:

s/ Richard G. Kopf

Senior United States District Judge