Buy This Entire Record For
McGowan v. D. Huddleston
United States District Court, D. Colorado
November 4, 2019
MICHAEL MCGOWAN, Plaintiff,
D. HUDDLESTON, ADX NURSE, JONES, ADX NURSE, WILLIAMS, ADX NURSE, D. MURTON, LIEUTENANT, D. BEHLE, LIEUTENANT, S. SCARBROUGH, LIEUTENANT, J. ARMIJO, LIEUTENANT, M. PALIDER, LIEUTENANT, N. RUDD, LIEUTENANT, Defendants.
ORDER CERTIFYING APPEAL AS FRIVOLOUS
CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE
matter is before the Court on Plaintiff Michael McGowan's
Notice of Appeal (Doc. # 48). Based on the reasons that
follow, the Court certifies Plaintiff's appeal as
frivolous and, therefore, retains jurisdiction in this case.
Court will reiterate the factual background only to the
extent necessary to address Plaintiff's appeal.
16, 2019, Defendants filed a Motion for Summary Judgment
(Doc. # 27). The Court referred Defendants' Motion to
Magistrate Judge N. Reid Neureiter on that day (Doc. # 29).
On August 27, 2019, Magistrate Judge Neureiter held a hearing
on Defendants' Motion and took the Motion under
advisement (Doc. # 41). As of the date of this Order,
Magistrate Judge Neureiter has not issued a Report and
Recommendation as to Defendants' Motion for Summary
Judgment and this Court has not ruled on Defendants'
October 11, 2019, Plaintiff filed a Notice of Appeal to the
Tenth Circuit (Doc. # 48). The Notice, dated October 8, 2019,
Notice is hereby given that MICHAEL MCGOWAN, Plaintiff in the
above named case, hereby appeal [sic] to the United States
Court of Appeals for the 10th Circuit from the final judgment
entered in this action on the 7th day of October, 2019.
(Id.) On October 23, 2019, Plaintiff filed a letter
with the Court that reads:
Also I attached a Motion For Appeal. I did not know the
status of this civil action and by me not have [sic] access
to the law library I could not obtain verification, so to be
safe I filed my Appeal. Please disregard my Appeal. Thanks[.]
(Doc. # 51.)
THIS COURT RETAINS JURISDICTION
filing of a notice of appeal is an event of jurisdictional
significance-it confers jurisdiction on the court of appeals
and divests the district court of its control over those
aspects of the case involved in the appeal.” Griggs
v. Provident ConsumerDi ...