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United States v. Irons

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FREDERICK LEE IRONS, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

On October 29, 2010, the Court issued an Order (Doc. 649) dismissing for lack of jurisdiction defendant Irons' Motion for Writ of Audita Querla (Doc. 63). Defendant subsequently filed a Notice of Appeal as to the Court's ruling (Doc. 652). Now, Defendant has filed a second Motion for Writ of Audita Querla (Doc. 654). Because his appeal is pending before the Seventh Circuit, the Court must DISMISS Defendant's Motion (Doc. 654) for lack of jurisdiction, as this Motion does not concern an ancillary matter, unrelated to the integral merits of the case, but rather seeks the same relief for which he was previously denied and now appeals. See Boyko v. Anderson, 185 F.3d 672, 674 (7th Cir. 1999) ("The filing of the appeal had deprived the district court of jurisdiction over the case.") (citing Kusay v. United States, 62 F.3d 192, 194 (7th Cir.1995), and Venen v. Sweet, 758 F.2d 117, 120 n. 2 (3d Cir.1985)).

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20101115

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