Benning v. P.A. Brian Webster

Full title: RUSSELL G. BENNING, Plaintiff, v. P.A. BRIAN WEBSTER, DR. J. FORTUNAT…

Court: United States District Court, D. Colorado

Date published: Jul 28, 2008

Civil Action No. 08-cv-00399-EWN-CBS (D. Colo. Jul. 28, 2008)

Opinion

Civil Action No. 08-cv-00399-EWN-CBS.

July 28, 2008

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Mr. Benning's "Motion for Stay" (filed July 24, 2008) (doc. # 38). Pursuant to the Order of Reference dated May 15, 2008 (doc. # 19) and the memorandum dated July 25, 2008 (doc. # 40), this matter was referred to the Magistrate Judge. The court has reviewed Mr. Benning's Motion, the entire case file, and the applicable law and is sufficiently advised in the premises.

Mr. Benning asks that "the court hold off from any further process of this case . . . due to the fact that the `writ preacipe' is now at this time in the appeals Court and not been ruled on. . . ." On July 23, 2008, one day before Mr. Benning filed this Motion, the Tenth Circuit Court of Appeals dismissed Mr. Benning's appeal for lack of jurisdiction because no final or appealable order has been entered by the district court. Mr. Benning's appeal no longer provides a basis for a stay. Accordingly,

IT IS ORDERED that Mr. Benning's "Motion for Stay" (filed July 24, 2008) (doc. # 38) is DENIED as moot.