Marshall v. Warden, Pickaway Correctional Institution

Filing 45

ORDER denying 43 Motion for Relief from Judgment. Signed by Judge Gregory L. Frost on 8/10/15. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification, namely: Kenneth Marshall, 695-185, PICKAWAY CORRECTIONAL INSTITUTION, P.O. Box 209, Orient, OH 43146.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
KENNETH MARSHALL,
Petitioner,

:

WARDEN, PICKAWAY
CORRECTIONAL INSTITUTION,

Civil Action 2:14-cv-812

:

v.

:

JUDGE GREGORY L. FROST

:

Magistrate Judge Elizabeth P. Deavers

:
Respondent.
ORDER
This matter is before the Court for consideration of Petitioner's Motion for Relief from
Judgment. (ECF No. 43.) The Motion is DENIED WITHOUT PREJUDICE. This case is
now on appeal to the United States Court of Appeals for the Sixth Circuit. The Court, therefore,
has no jurisdiction to enter the relief Petitioner seeks. See Griggs v. Provident Consumer Disc.
Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of appeal is an event of jurisdictional
significance-- it confers jurisdiction on the court of appeals and divests the district court of its
control over those aspects of the case involved in the appeal.”)
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE