Rolex Watch U.S.A., Inc. v. Barrett et al

Filing 44

ORDER denying 43 Motion to Voluntarily Dismiss notice of appeal for lack of jurisdiction. Signed by Chief Judge Barbara B. Crabb on 10/20/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O L EX WATCH U.S.A., INC., ORDER Plaintiff, 09-cv-025-slc v. V IN C EN T F. BARRETT a/k/a VINCE KONICEK, individually and d/b/a WWW.PROLESREPLICA.COM, W W W .M AG N ET IC S ER V IC ES .C O M , "VINCENTERPRISE"' "M A G N ET IC JEWELRY ORIGINALS PLUS MAGNETIC HEALING AIDS", "THE COMPLETE MAGNETIC HEALTH S T O R E ", UNKNOWN WEBSITES 1-10, UNKNOWN ENTITIES 1 -1 0 , and "JOHN DOES" 1-10, Defendants. --------------------------------------------O n October 9, 2009 I denied Vince Konicek's request for leave to proceed in forma pauperis on appeal. Now plaintiff has filed a motion to voluntarily dismiss his appeal. Because his appeal has been filed, this court lacks jurisdiction to dismiss it. He must file his motion in the court of appeals.

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ORDER IT IS ORDERED that plaintiff's motion to voluntarily dismiss his notice of appeal, dkt. #43, is DENIED for lack of jurisdiction. Entered this 20th day of October, 2009. BY THE COURT: /s/ __________________________________ BARBARA B. CRABB District Judge

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