NOTE: This order is nonprecedential.

Wntteb ~tate1) <!Court of ~eaI1) for tl)e jfeberaI <!Ctrrott UNITED STATES, Plaintiff·Appellee, v. MARVIN A. DUKES, Defendant.Appellant.

2011·1513

Appeal from the United States District Court for the Eastern District of Kentucky in case no. 1O·CR·0078, Judge Danny C. Reeves.

Before LOURIE, MOORE, and REYNA, Circuit Judges.

PER CURIAM.

ORDER The court considers whether this appeal should be dismissed for lack of jurisdiction.

Marvin A. Dukes appeals from the judgment of the United States District Court for the Eastern District of Kentucky in this criminal matter. Dukes filed his notice of appeal in the district court that expressly sought reo view by the Court of Appeals for the Sixth Circuit. In· stead, the district court transmitted the notice of appeal USv.DUKES 2 to this court. This court is a court of limited jurisdiction, which does not include criminal cases. 28 U.S.C. § 1295.

The court notes that upon docketing, Marvin's appeal was transmitted to the Sixth Circuit, docketed by that court, and is proceeding before that court.

Accordingly, IT Is ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs.

FOR THE COURT

SEP 02 2011 /s/ Jan Horbaly Date Jan Horbaly.

Clerk

cc: Anthony J. Bracke, Esq. Fllli::J U.S. COIl;rr OF APPEALS FOR Marvin A. Dukes THE FEDERAl. CIRCUIT s19 SEP 02 2011 JANHDRBALY ClERK