PEPER v. DEPARTMENT OF AGRICULTURE OF U.S. OF AM

Full title: KENNETH E. PEPER, Plaintiff, v. DEPARTMENT OF AGRICULTURE OF THE UNITED…

Court: United States District Court, D. Colorado

Date published: Oct 12, 2006

Civil Action No. 04-cv-01382-ZLW-PAC (D. Colo. Oct. 12, 2006)

Opinion

Civil Action No. 04-cv-01382-ZLW-PAC.

October 12, 2006

ORDER

ZITA WEINSHIENK, Senior District Judge

The matter before the Court is Defendants' Motion For A Stay Of Proceedings As To Enforcement Of The Deadline Set By The Court Pursuant To Fed.R.Civ.P. 62. The Court has considered Defendants' motion and finds no final appealable judgment has yet been entered in this case. Therefore, a stay under Fed.R.Civ.P. 62(d) is not available to Defendants. Any request for leave to file an interlocutory appeal must follow the requirements contained in 28 U.S.C. § 1292. Therefore, it is

ORDERED that Defendants' Motion For A Stay Of Proceedings As To Enforcement Of The Deadline Set By The Court Pursuant To Fed.R.Civ.P. 62. (Doc. No. 31) is denied.