Zain v. Advance Health Care Provider et al, No. 4:2012cv00005 - Document 42 (W.D. Ky. 2013)
Court Description: MEMORANDUM AND OPINION by Chief Judge Joseph H. McKinley, Jr on 10/17/13;Deadline for filing a properly supported summary-judgment motion is 30 days from entry of this Order (Motions due by 11/16/2013.) Should Defendant submit amotion for summary jud gment, Plaintiff may file his response within 21 days of service of the motion. Defendant may file a reply within 14 days of service of the response. If Defendant does not file a motion for summary judgment, this matter will be set for trial. cc:counsel, Plaintiff (pro se) (DJT)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT OWENSBORO REVEL ZAIN PLAINTIFF v. CIVIL ACTION NO. 4:12-CV-P5-M ADVANCE HEALTH CARE PROVIDER et al. DEFENDANTS MEMORANDUM AND ORDER On September 16, 2013, this Court entered a Memorandum Opinion and Order granting in part and denying in part Defendant Blue s motion for summary judgment. See DN 39. The denial in part was without prejudice to filing a properly supported motion for summary judgment. Plaintiff has filed a notice of appeal from that Order. As a general rule, a district court no longer has jurisdiction over an action as soon as a party files a notice of appeal unless the appeal is untimely, presents issues that the appellate court had previously decided in the same case, or is from a non-final, non-appealable order. Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir. 1993). In this case, the Court has reviewed the notice of appeal filed by Plaintiff (DN 40) and has concluded that it arises from a non-final, non-appealable order. A notice of appeal from a plainly non-appealable order may properly be ignored by the district court. Cochran v. Birkel, 651 F.2d 1219, 1222 (6th Cir. 1981). Accordingly, while the district court lacks jurisdiction to outright dismiss the improper appeal, Dickerson v. McClellan, 37 F.3d 251, 252 (6th Cir. 1994), it may nevertheless proceed to adjudicate the merits of the underlying action as if the improper appeal had not been filed. Cochran, 641 F.2d at 1222. IT IS THEREFORE ORDERED that the deadline for filing a properly supported summary-judgment motion is 30 days from entry of this Order. Should Defendant submit a motion for summary judgment, Plaintiff may file his response within 21 days of service of the motion. Defendant may file a reply within 14 days of service of the response. If Defendant does not file a motion for summary judgment, this matter will be set for trial. Date: October 17, 2013 cc: Plaintiff, pro se Counsel of record 4414.009 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
