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Gardner v. Nebraska, 8:18CV241. (2019)

Court: District Court, D. Nebraska Number: infdco20191118a59 Visitors: 6
Filed: Nov. 15, 2019
Latest Update: Nov. 15, 2019
Summary: MEMORANDUM AND ORDER RICHARD G. KOPF , Senior District Judge . 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
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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.

Source:  Leagle

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