Free Order on Motion to Stay - District Court of Colorado - Colorado

Case 1:04-cv-01382-ZLW-KLM

Document 33

Filed 10/12/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 04-cv-01382-ZLW-PAC KENNETH E. PEPER, Plaintiff, v. DEPARTMENT OF AGRICULTURE OF THE UNITED STATES OF AMERICA; MIKE JOHANNS, Secretary in his official capacity; FOREST SERVICE OF THE UNITED STATES OF AMERICA; and DALE BOSWORTH, as Chief in his official capacity, Defendants.

ORDER

The matter before the Court is Defendants' Motion For A Stay Of Proceedings As To Enforcement Of The Deadline Set By The Court Pursuant To Fed. R. Civ. P. 62. The Court has considered Defendants' motion and finds no final appealable judgment has yet been entered in this case. Therefore, a stay under Fed. R. Civ. P. 62(d) is not available to Defendants. Any request for leave to file an interlocutory appeal must follow the requirements contained in 28 U.S.C. § 1292. Therefore, it is

Case 1:04-cv-01382-ZLW-KLM

Document 33

Filed 10/12/2006

Page 2 of 2

ORDERED that Defendants' Motion For A Stay Of Proceedings As To Enforcement Of The Deadline Set By The Court Pursuant To Fed. R. Civ. P. 62. (Doc. No. 31) is denied. DATED at Denver, Colorado, this 12 day of October, 2006.

BY THE COURT:

__________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court

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