Offineer v. Kelly et al

Filing 123

ORDER denying 119 Motion for Partial Summary Judgment without prejudice. Signed by Judge Algenon L. Marbley on 5/19/2011. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

COREY OFFINEER,
Plaintiff,
v.
ROGER KELLY, et al.,
Defendants.

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Case No. C2-09-CV-493
JUDGE ALGENON L. MARBLEY
Magistrate Judge Terrence P. Kemp

ORDER
This matter is before the Court on Defendants Six County, Inc., Darcy Stephens, Danine
Lajiness-Polosky, and Bonnie J. Taylor’s Motion for Partial Summary Judgment on Plaintiff’s
Medical Negligence Claim (Doc. 119). On October 20, 2010, however, the Defendants filed a
notice of appeal of this Court’s order on the Parties’ cross-motions for summary judgment (Docs.
113 & 117). This appeal divested the Court of its jurisdiction to rule on the Defendant’s motion.
Dickerson v. McClellan, 37 F.3d 251, 252 (6th Cir. 1994) (“A proper notice of appeal divests the
district court of jurisdiction and transfers jurisdiction to the court of appeals.”). Under Federal
Rule of Civil Procedure 62.1(a)(1), the Court DENIES the Defendants’ motion without
prejudice.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Court Judge
DATE: May 19, 2011