Opinion
Case No. 2:12-cv-1167
05-08-2015
Joshua Copenhaver Nelson, Plaintiff, v. Wanza Jackson, et al., Defendants.
Magistrate Judge King
Order Adopting Report and Recommendation
This matter is before the court on the magistrate judge's October 29, 2014 Report and Recommendation. The magistrate judge recommended that the court deny plaintiff's post-judgment motion under Fed. R. Civ. P. 59(e) and 60(b) to amend the judgment and for relief from judgment. The magistrate judge recommended that the court find that it lacks jurisdiction over the issues presented by the motion because plaintiff's simultaneously-filed notice of appeal divested this court of jurisdiction. See Pickens v. Howes, 549 F.3d 377, 383 (6th Cir. 2008). Though plaintiff has objected to the report and recommendation, he expressly acknowledges that the court lacks jurisdiction. The court therefore denies plaintiff's objection (doc. 107) and adopts the Report and Recommendation (doc. 05).
s/ James L. Graham
JAMES L. GRAHAM
United States District Judge
DATE: May 8, 2015