Begley v. Tyree et al, No. 6:2014cv00191 - Document 115 (E.D. Ky. 2017)

Court Description: OPINION & ORDER: Begley's motion to reconsider 111 is DENIED. Court further ORDERS that Begley's motion relating to handling his mail by BOP 112 and relating to access to resources 113 are DENIED as MOOT. Court has dismissed this a ction. Both motions appear to be aimed at aiding Begley in the filing of further docs before this court. US COA for the Sixth Circuit now has jurisdiction over Begley's claims. Signed by Judge Karen K. Caldwell on 4/17/17.(MRS)cc: COR, 6CCA Clerk, Pro se filer

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION AT LONDON SHANE JEFFERSON BEGLEY, CIVIL ACTION NO. 6:14-191-KKC Plaintiff, v. OPINION AND ORDER DENVER TYREE, ET AL., Defendants. This matter is before the Court on several motions filed by the plaintiff. As stated by the Court in an opinion dismissing this action, the plaintiff Shane Jefferson Begley alleges that, while he was a pretrial detainee at the Laurel County Detention Center, jail personnel used excessive force in stopping an altercation between Begley and another inmate. He also alleges that, after the altercation, jail personnel and medical providers employed by the jail were deliberately indifferent to his medical needs. By order and judgment dated November 30, 2016, the Court dismissed all of Begley’s claims. Begley filed a Notice of Appeal on December 27, 2016. “It is well settled that the filing of a notice of appeal transfers jurisdiction over the merits of the appeal to the appellate court.” Workman v. Tate, 958 F.2d 164, 167 (6th Cir. 1992). Because Begley has filed a Notice of Appeal, this Court has no jurisdiction to amend the decision at issue. See Raum v. Norwood, 93 F. App'x 693, 695 (6th Cir. 2004). Accordingly, the Court hereby ORDERS that Begley’s motion to reconsider (DE 111) is DENIED. The Court further ORDERS that Begley’s motions relating to handling of his mail by the Bureau of Prisons (DE 112) and relating to access to certain legal resources (DE 113) are DENIED as moot. The Court has dismissed this action. Both motions appear to be aimed at aiding Begley in the filing of further documents before this Court. The United States Court of Appeals for the Sixth Circuit now has jurisdiction over Begley’s claims. Dated April 17, 2017.

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