Opinion
8:07CV149, 4:08CV3102.
July 8, 2008
MEMORANDUM AND ORDER
This matter is before the court on Petitioner's Motion for Summary Judgment (filing no. 3 in Case No. 4:08cv3102), Petitioner's Motion for Leave to Proceed In Forma Pauperis (filing no. 2 in Case No. 4:08cv3102), and Plaintiff's Motion for Status (filing no. 34 in Case No. 8:07cv149).
On May 14, 2008, Petitioner filed a Petition for Writ of Coram Nobis ("Petition") and an Affidavit in support of his Petition. (Filing No. 1 in Case No. 4:08cv3102.) Liberally construed, Plaintiff's Petition is a Motion for Reconsideration of the court's Memorandum and Order and Judgment dismissing Plaintiff's Complaint in McNeil v. State of Nebraska, et al., Civ. No. 8:07cv149. (Filing No. 29 Filing No. 30 in Case No. 8:07cv149.) Because Plaintiff fails to set forth any factual or legal basis that would cause this court to reconsider its decision in McNeil v. State of Nebraska, et al., Civ. No. 8:07cv149, Petitioner's Motion for Reconsideration is denied.
IT IS THEREFORE ORDERED that:
1. Petitioner's Writ of Coram Nobis construed as a Motion for Reconsideration is denied.
2. A separate Judgment will be entered.
3. Petitioner's Motion for Summary Judgment (filing no. 3 in Case No. 4:08cv3102) and Motion to Proceed In Forma Pauperis (filing no. 2 in Case No. 4:08cv3102) are denied as moot.
4. Plaintiff's Motion for Status (filing no. 34 in Case No. 8:07cv149) is denied.
5. The Clerk of court is directed to file this Memorandum and Order in both Case No. 8:07cv149 and Case No. 4:08cv3102.