Brown v. Crews, No. 5:2008cv00280 - Document 47 (E.D. Ky. 2012)
Court Description: OPINION & ORDER: 43 Motion to Amend/Correct 41 Memorandum Opinion & Order and 46 Motion for Leave to Appeal in forma pauperis are DENIED. Signed by Judge Karl S. Forester on 5/22/2012. (SCD)cc: COR,6CCA
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 08-280-KSF KAREN BROWN v. PETITIONER OPINION & ORDER COOKIE CREWS RESPONDENT *********** This matter is before the Court upon two motions of the petitioner, Karen Brown. Brown s first motion, the motion to alter or amend judgment as to the denial of a certificate of appealability pursuant to Rule 59(e) of the Federal Rules of Civil Procedure [DE #43], and her second motion, for leave to appeal in forma pauperis [DE #46], were both filed on April 27, 2012. On the same day, Brown also filed her notice of appeal to the United States Court of Appeals for the Sixth Circuit [DE #44]. The filing of a notice of appeal operates to divest the district court of jurisdiction until the Court of Appeals remands the case. See United States v. Garcia-Robles, 562 F.3d 763, 767 (6th Cir. 2009); Dunham v. United States, 486 F.3d 931, 935 (6th Cir. 2007). As a result, this Court no longer has jurisdiction over this matter. Therefore, Brown s motions [DE #43 and #46] are DENIED. This May 22, 2012.
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