Opinion
Case No. 1:97-CV-95K
December 18, 2003
ORDER
This matter is before the court on Defendant Lynn A. Jenkins' Motion for Stay of Appeal. Jenkins requests a stay of the appeal because a separate state proceeding involving the property at issue in this case has been removed to this court. Pursuant to Rule 8(a)(1) of the Federal Rules of Appellate Procedure, a party may move for "a stay of the judgment or order of a district court pending appeal." The court finds no basis for staying the judgment of this court pending appeal. If Jenkins is requesting that the appeal itself be stayed, such relief must be addressed to the court of appeals. Accordingly, Jenkins' motion is DENTED.