Burgess v. Daniels
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00293-LTB
CHARLES A. DANIELS,
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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