Burgess v. Daniels

Filing 51

MINUTE ORDER denying as moot 50 Motion to Alter/Amend Judgment or Findings or Additional Findings by Judge Lewis T. Babcock on 7/17/13.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00293-LTB COREY BURGESS, Applicant, v. CHARLES A. DANIELS, Respondent. MINUTE ORDER ORDER ENTERED BY SENIOR JUDGE LEWIS T. BABCOCK This case currently is on appeal before the United States Court of Appeals for the Tenth Circuit. See ECF No. 44. Therefore, this Court lacks jurisdiction over Applicant’s Motion to Alter/Amend Judgment or Findings or Additional Findings (ECF No. 50) filed on July 16, 2013, which asks this Court to grant him “permission to appeal.” ECF No. 50 at 1. Alternatively, the Motion to Alter/Amend Judgment or Findings or Additional Findings (ECF No. 50) is DENIED as moot for the very reason that this case already currently is on appeal. Moreover, this case was dismissed on May 2, 2013, and leave to proceed in forma pauperis on appeal was denied. Judgment was entered on the same day. Applicant fails to provide any reason for this Court to reconsider the denial of leave to proceed in forma pauperis on appeal. In any event, Applicant may reapply in the United States Court of Appeals for the Tenth Circuit, where this case currently is on appeal, to proceed in forma pauperis on appeal. Dated: July 17, 2013

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