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McGowan v. D. Huddleston

United States District Court, D. Colorado

November 4, 2019

MICHAEL MCGOWAN, Plaintiff,
v.
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

         This 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.

         I. BACKGROUND

         The Court will reiterate the factual background only to the extent necessary to address Plaintiff's appeal.

         On July 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' Motion.

         On October 11, 2019, Plaintiff filed a Notice of Appeal to the Tenth Circuit (Doc. # 48). The Notice, dated October 8, 2019, reads:

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.)

         II. DISCUSSION

         A. THIS COURT RETAINS JURISDICTION

         1. Applicable Law

         “The 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 ...


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