EVANS v. BRITT, 7:13-cv-126-FL. (2015)
Court: District Court, E.D. North Carolina
Number: infdco20151223g39
Visitors: 8
Filed: Dec. 22, 2015
Latest Update: Dec. 22, 2015
Summary: ORDER LOUISE W. FLANAGAN , District Judge . The matter is before the court on plaintiff's "motion to dismiss any fees under the [Prisoner Litigation Reform Act] as to any appeals taken in the case" (DE 77). This court does not have jurisdiction to hear this motion. See Griggs v. Provident Consumer Discount Co. , 459 U.S. 56 , 58-59 (1982) (per curiam) ("The filing of a notice of appeal is an event of jurisdictional significant-it confers jurisdiction on the court of appeals and divests th
Summary: ORDER LOUISE W. FLANAGAN , District Judge . The matter is before the court on plaintiff's "motion to dismiss any fees under the [Prisoner Litigation Reform Act] as to any appeals taken in the case" (DE 77). This court does not have jurisdiction to hear this motion. See Griggs v. Provident Consumer Discount Co. , 459 U.S. 56 , 58-59 (1982) (per curiam) ("The filing of a notice of appeal is an event of jurisdictional significant-it confers jurisdiction on the court of appeals and divests the..
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ORDER
LOUISE W. FLANAGAN, District Judge.
The matter is before the court on plaintiff's "motion to dismiss any fees under the [Prisoner Litigation Reform Act] as to any appeals taken in the case" (DE 77). This court does not have jurisdiction to hear this motion. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58-59 (1982) (per curiam) ("The filing of a notice of appeal is an event of jurisdictional significant-it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal."). Thus, the clerk of court is DIRECTED to forward plaintiff's motion (DE 77) to the Fourth Circuit Court of Appeals and to terminate the motion in this action.
SO ORDERED.
Source: Leagle
