Opinion
Civil Action No. 11-cv-02291-REB-MJW
05-14-2013
VERNE JAY MERRELL, Plaintiff, v. DAVID ALLRED, D.O. FCC Health Services, and PATRICIA MITCHELL, Program Mgt [sic] Officer, Health Services, in their individual and professional capacities, Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff's Motion for Leave to File First Amended Complaint (Docket No. 118) is DENIED without prejudice. Plaintiff currently has an appeal of this matter pending before the Tenth Circuit Court of Appeals. See Docket Nos. 112, 113, 114, & 115. The filing of a timely notice of appeal divests the district court of jurisdiction. Garcia v. Burlington Nothern R.R. Co., 818 F.2d 713, 721 (10th Cir. 1987). Accordingly, this court does not have jurisdiction to consider the subject motion.