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GROSS v. NORMAND, 11-446. (2012)

Court: District Court, E.D. Louisiana Number: infdco20120509968 Visitors: 188
Filed: May 08, 2012
Latest Update: May 08, 2012
Summary: ORDER CARL J. BARBIER, District Judge. Before the Court is pro se Plaintiff Willie Gross, Jr.'s Motion for Reconsideration (Rec. Doc. 92), requesting reconsideration of this Court's previous order adopting the magistrate's report and recommendation and dismissing his 1983 claims (Rec. Doc. 83). Prior to filing the instant motion, however, Plaintiff filed a notice of appeal. The filing of a notice of appeal confers jurisdiction over the case to the court of appeals and divests a distric
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ORDER

CARL J. BARBIER, District Judge.

Before the Court is pro se Plaintiff Willie Gross, Jr.'s Motion for Reconsideration (Rec. Doc. 92), requesting reconsideration of this Court's previous order adopting the magistrate's report and recommendation and dismissing his § 1983 claims (Rec. Doc. 83). Prior to filing the instant motion, however, Plaintiff filed a notice of appeal. The filing of a notice of appeal confers jurisdiction over the case to the court of appeals and divests a district court of its control over those aspects of the case involved in the appeal. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58-59 (1982) (per curiam). Accordingly,

IT IS ORDERED that Plaintiff's Motion for Reconsideration is DENIED FOR LACK OF JURISDICTION.

Source:  Leagle

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