Jacobs v. Huibregtse

Filing 20

ORDER denying 17 Motion for Reconsideration because this court lacks jurisdiction to entertain it. The clerk of court shall forward petitioner's motion to the court of appeals for its review. Signed by Chief Judge Barbara B. Crabb on 3/17/10. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN C H R IS J. JACOBS, III, P e ti ti o n e r , v. 0 9 - cv -0 6 5 2 - b b c P ET E R HUIBREGTSE, Warden, W isconsin Secure Program Facility, R espo nd ent. OR DER Petition er Chris J. Jacobs, III, has asked the court to reconsider an order entered Februa ry 2, 2010, in which I declined to grant petitioner a certificate of appealability on his claim , set forth in a habeas corpus petition, that prison staff were depriving him of food. W hen petitioner filed his notice of appeal, this court was divested of jurisdiction over his p eti ti o n . Therefore, I have no authority to entertain his motion for reconsideration. Petition er may direct his arguments that I erred in denying him a certificate of appealability to the Court of Appeals for the Seventh Circuit. Therefore, IT IS ORDERED that petitioner's motion for reconsideration (dkt. 17) is DENIED because this court lacks jurisdiction to entertain it. The clerk of court shall fo rw ard petitioner's motion to the court of appeals for its review. E n tered this 17t h day of March, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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