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United States v. Rollins

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES E. ROLLINS, SR., DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is defendant James E. Rollins, Sr.'s Motion to Alter or Amend Judgment Pursuant to Rule 59(e) (Doc. 752), in which he seeks reconsideration of the Court's September 2, 2010 Order (Doc. 748), denying his previous Motion to Alter Judgment (Doc. 747). The Court notes that the docket reflects that on September 14, 2010, Defendant filed a Notice of Appeal (Doc. 749) with the Seventh Circuit, appealing the Court's September 2, 2010 Order (Doc. 748) for which he now also seeks reconsideration with his instant Motion (Doc. 752).

Because his appeal is pending before the Seventh Circuit, the Court must DENY Defendant's Motion (Doc. 752) for lack of jurisdiction, as this Motion does not concern an ancillary matter, unrelated to the integral merits of the case. See Boyko v. Anderson, 185 F.3d 672, 674 (7th Cir. 1999) ("The filing of the appeal had deprived the district court of jurisdiction over the case.") (citing Kusay v. United States, 62 F.3d 192, 194 (7th Cir.1995), and Venen v. Sweet, 758 F.2d 117, 120 n. 2 (3d Cir.1985))..

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100929

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