MORRIS v. MORALES et al

Filing 27

ORDER denying 26 Motion for Leave to Appeal.Ordered by U.S. District Judge W. Louis Sands on 11/26/13 (wks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
ISAAC MORRIS,
Plaintiff,
v.
Warden CEDRIC TAYLOR et al,
Defendants.

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CASE NO.: 1:13-cv-21 (WLS)

ORDER
Before the Court is a filing styled as a Notice of Appeal from Plaintiff Isaac Morris. To the extent the Notice should be construed as a motion to certify an interlocutory
appeal, the motion is DENIED. Under 28 U.S.C. § 1292, a district court may certify an
order for an interlocutory appeal if the court is “of the opinion that such order involves a
controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate
termination of the litigation.” 28 U.S.C § 1292(b). According to his filing, Morris seeks to
appeal the Court’s October 7, 2013 Order denying his motion to certify an interlocutory
appeal. The Order did not involve a controlling question of law as to which there is a
substantial ground for difference of opinion, and the appeal would not advance termination of the litigation.
In addition, to the extent Morris’ motion should be construed as a motion for reconsideration, Morris has not presented new evidence, a change of law, or a clear error
of law in the Court’s previous Order.

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For those reasons, the motion (Doc. 26) is DENIED.
SO ORDERED, this _ 26th _ day of November, 2013.
_/s/ W. Louis Sands
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W. LOUIS SANDS, JUDGE
UNITED STATES DISTRICT COURT

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