Marshall v. Warden, Pickaway Correctional Institution

Filing 54

ORDER denying 53 Motion for Relief from Judgment. Signed by Judge Gregory L. Frost on 10/20/15. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
KENNETH MARSHALL,
CASE NO. 2:14-CV-812
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

Petitioner,
v.
WARDEN, PICKAWAY
CORRECTIONAL INSTITUTION,
Respondent.

OPINION AND ORDER
On June 30, 2015, Judgment was entered dismissing the instant petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 34.) On August 10, 2015, the Court
denied Petitioner’s Motion for Relief from Judgment. (ECF No. 45.) Petitioner has filed a
second Motion for Relief Judgment, which is now before this Court. (ECF No. 53.) As
previously discussed, however, the case remains pending on appeal with the United States Court
of Appeals for the Sixth Circuit, regardless of this Court’s denial of Petitioner’s request for a
certificate of appealability.

The Court therefore lacks jurisdiction to consider Petitioner’s

motion. 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.”). The DENIES the Motion for Relief from Judgment. (ECF No. 53.)
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE