Opinion
Civil Action No. 04-cv-01298-ZLW
03-16-2012
BRIAN P. CALCARI, Applicant, v. JOE ORTIZ, Executive Director, and COLORADO ATTORNEY GENERAL, Respondents.
MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE LEWIS T. BABCOCK
This matter is before the Court on Applicant's "Motion to Hold Notice of Appeal in Abeyance (Fed. R. App. P. 4(a)(2) Until Civil Action No. 00-cv-00350-RPM Issues Final Order and Judgment and Motion for Extension of Time to File Notice of Appeal (F.R.App.P.4(a)(5)" (ECF No. 27), filed on March 8, 2012. Applicant appears to have filed the motion in the instant action because he wants to consolidate the appeals in No. 00-cv-00350-RPM and the instant action. However, on March 14, 2012, the Tenth Circuit dismissed the appeal in No. 00-cv-00350-RPM as out of time. (ECF No. 53 in No. 00-cv-00350-RPM). The appeal in the instant action remains pending.
In any event, this Court lacks authority to hold an appeal in abeyance. The motion is DENIED.