DePineda v. Milyard et al

Filing 11

ORDER denying 9 Motion for Review; denying 10 Motion for Order for relief by Judge Zita L. Weinshienk on 12/07/09. These motions will not be considered and are denied because Applicant file a notice of appeal on 11/30/09. Therefore, this court lacks jurisdiction to consider these motions.(bjr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02594-ZLW MANUEL SESARIO DePINEDA, Applicant, v. KEVIN MILYARD, Warden, S.C.F., and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. MINUTE ORDER ORDER ENTERED BY SENIOR JUDGE ZITA L. WEINSHIENK Applicant's motion for administrative review and motion for relief filed on December 3, 2009, will not be considered and are DENIED because Applicant filed a notice of appeal on November 30, 2009. Therefore, the Court lacks jurisdiction to consider the December 3 motions. Dated: December 7, 2009

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