Hill et al v. Granholm et al

Filing 125

ORDER denying 120 Motion to Intervene. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HENRY HILL, et al.,
Plaintiffs,
Case No. 10-14568
v.
Hon. John Corbett O’Meara
RICK SNYDER, et al.,
Defendants.
_________________________/
ORDER DENYING MOTION TO INTERVENE
Before the court is Kyle DeVon Daniel-Bey’s motion to intervene as a
plaintiff in this action, filed January 13, 2014. An appeal in this matter, filed by
Defendants on December 5, 2013, is currently pending before the Court of Appeals
for the Sixth Circuit. As a result, the court is without jurisdiction to consider Mr.
Daniel-Bey’s motion. See Taylor v. KeyCorp, 680 F.3d 609, 615-16 (6th Cir.
2012) (“[W]e have held that a notice of appeal divests the district court of
jurisdiction to resolve a motion to intervene filed after a notice of appeal.”).
Accordingly, IT IS HEREBY ORDERED that Kyle DeVon Daniel-Bey’s
motion to intervene is DENIED.
s/John Corbett O’Meara
United States District Judge
Date: June 20, 2014

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, June 20, 2014, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager