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Marshall v. Warden

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Oct 20, 2015
CASE NO. 2:14-CV-812 (S.D. Ohio Oct. 20, 2015)

Opinion

CASE NO. 2:14-CV-812

10-20-2015

KENNETH MARSHALL, Petitioner, v. WARDEN, PICKAWAY CORRECTIONAL INSTITUTION, Respondent.



Magistrate Judge Elizabeth P. Deavers
OPINION AND ORDER

On June 30, 2015, Judgment was entered dismissing the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 34.) On August 10, 2015, the Court denied Petitioner's Motion for Relief from Judgment. (ECF No. 45.) Petitioner has filed a second Motion for Relief Judgment, which is now before this Court. (ECF No. 53.) As previously discussed, however, the case remains pending on appeal with the United States Court of Appeals for the Sixth Circuit, regardless of this Court's denial of Petitioner's request for a certificate of appealability. The Court therefore lacks jurisdiction to consider Petitioner's motion. See Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) ("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."). The DENIES the Motion for Relief from Judgment. (ECF No. 53.)

IT IS SO ORDERED.

/s/ Gregory L. Frost

GREGORY L. FROST

UNITED STATES DISTRICT JUDGE


Summaries of

Marshall v. Warden

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Oct 20, 2015
CASE NO. 2:14-CV-812 (S.D. Ohio Oct. 20, 2015)
Case details for

Marshall v. Warden

Case Details

Full title:KENNETH MARSHALL, Petitioner, v. WARDEN, PICKAWAY CORRECTIONAL…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Oct 20, 2015

Citations

CASE NO. 2:14-CV-812 (S.D. Ohio Oct. 20, 2015)