IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 19, 2006
KENDEL MAYS, PETITIONER/DEFENDANT,
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.
The opinion of the court was delivered by: Murphy, Chief District Judge
MEMORANDUM AND ORDER
On February 21, 2006, the Court denied Petitioner's second motion for reconsideration (see Docs. 9, 17). That same day, Petitioner filed a motion for leave to proceed in forma pauperis on appeal (Doc. 18), which the Court granted on March 8, 2006 (Doc. 20). Before the Court now is Petitioner's third motion to reconsider (Doc. 21), filed March 6th but not entered on the docket until March 9th. In this motion, Petitioner challenges the Court's February 21st ruling.
Petitioner's filing of a notice of appeal (Doc. 10) transferred jurisdiction over this matter to the United States Court of Appeals for the Seventh Circuit. "[A] federal district court and a federal court of appeals should not attempt to assert jurisdiction over a case simultaneously. The filing of a notice of appeal is an event of jurisdictional significance -- 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." Kusay v. United States, 62 F.3d 192, 193 (7th Cir. 1995), citing Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). "Just as the notice of appeal transfers jurisdiction to the court of appeals, so the mandate returns it to the district court. Until the mandate issues, the case is 'in' the court of appeals, and any action by the district court is a nullity." Kusay, 62 F.3d at 193, citing United States v. Wells, 766 F.2d 12, 19 (1st Cir. 1985); accord Zaklama v. Mt. Sinai Medical Center, 906 F.2d 645, 649 (11th Cir. 1990); 16 Charles Alan Wright, Arthur R. Miller, Edward H. Cooper & Eugene Gressman, Federal Practice & Procedure § 3949 at 359 (1977). Consequently, this Court is without jurisdiction to consider Petitioner's pleadings, and the instant motion (Doc. 21) is DISMISSED for lack of jurisdiction.*fn1
IT IS SO ORDERED.
G. PATRICK MURPHY Chief United States District Judge