Gardner v. State of Nebraska

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTIN GARDNER,
Petitioner,
vs.
STATE OF NEBRASKA,
Respondent.
4:19CV3005
MEMORANDUM AND ORDER
This matter is before the Court on its own motion. On February 18, 2026, the
Court ordered Petitioner to update or confirm his address with the Court and to also
inform the Court whether he has received the Court’s January 13, 2026, order to show
cause, Filing No. 65, within 30 days. Filing No. 67. Petitioner was warned that failure to
respond to the Court’s order would result in the Court construing his Notice of Appeal,
Filing No. 62, as a motion and denying the motion and his motion for leave to appeal in
forma pauperis, Filing No. 63. The Court’s February 18, 2026, order was returned to the
Court as undeliverable on March 10, 2026, because Petitioner refused delivery. Filing
No. 68. Accordingly,
IT IS ORDERED that:
1. The Court construes the Notice of Appeal, Filing No. 62, as a motion to file
an appeal.
2. The motion to file an appeal, Filing No. 62, and motion for leave to appeal
in forma pauperis, Filing No. 63, are denied for failure to prosecute, and no appeal will
be processed.
4:19-cv-03005-JFB-PRSE Doc # 69 Filed: 03/25/26 Page 1 of 2 - Page ID #
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3. The Clerk of the Court is directed to update the docket text for Filing No.
62 to identify the filing as a “Motion to file an appeal.”
Dated this 25th day of March, 2026.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Judge
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