Lorentzen v. Lorentzen

Filing 9

ORDER denying 8 Defendant David P. Lorentzen's Motion to Reconsider and 3 Petition for Writ of Habeas Corpus, by Judge Philip A. Brimmer on 11/16/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00506-PAB ELLY LORENTZEN, Plaintiff, v. DAVID P. LORENTZEN, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter is before the Court on defendant David P. Lorentzen's motion to reconsider ("Defendant's Motion") [Docket No. 8] and petition for writ of habeas corpus ("Defendant's Petition") [Docket No. 3]. Defendant's Motion must be denied as it seeks review of this Court's remand for lack of subject matter jurisdiction "to the State court from which it was removed," which "is not reviewable on appeal or otherwise." 28 U.S.C. § 1447(d). Accordingly, Defendant's Petition will not be considered as the case has been closed for lack of subject matter jurisdiction. In any event, a petition for writ of habeas corpus should be filed as a separate action naming the appropriate respondent. Therefore, it is ORDERED that defendant David P. Lorentzen's motion to reconsider [Docket No. 8] and petition for writ of habeas corpus [Docket No. 3] are DENIED.

DATED November 16, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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