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McCree v. Sherrod

November 16, 2010

BRUCE E. MCCREE, PLAINTIFF,
v.
W.A. SHERROD, DEFENDANT.



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

ORDER

On March 5, 2010, the Court issued an Order (Doc. 5) dismissing Plaintiff's Complaint pursuant to 28 U.S.C. § 1915A. Plaintiff thereafter filed a Notice of Appeal as to the Court's ruling (Doc. 7). After filing his Notice of Appeal, Plaintiff subsequently filed a Motion to Certify Class Action (Doc. 27), a Motion for Injunctive Relief (Temporary Restraining Order) (Doc. 30) and a Motion to Appoint Counsel (Doc. 32). Because his appeal is pending before the Seventh Circuit, the Court must DISMISS Plaintiff's Motions (Docs. 27, 30 & 32) for lack of jurisdiction, as these motions either concern ancillary matters unrelated to the integral merits of the case or else they seek relief on matters for which the Court has no authority (i.e., the Court cannot enjoin a warden from adding extra bunks to the cells). 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

20101116

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