Opinion
Civil Action 20-13020
01-27-2022
RALPH BAKER, Plaintiff, v. MICHAEL WITTEVRONGEL, et al., Defendants.
ORDER
JOHN MICHAEL VAZQUEZ, U.S.D.J.
This matter comes before the Court by way of the Motion for Default Judgment filed by pro se Plaintiff Ralph Baker. Through the motion, Plaintiff seeks default judgment as to numerous Defendants for their alleged failure to answer, presumably, the Second Amended Complaint, and a stay as to other Defendants because of a pending appeal. D.E. 18; and it
In his motion, Plaintiff references a matter that was pending before Judge Sheridan in 2008. D.E. 18 at 2. As previously discussed, Judge Sheridan dismissed Plaintiff's complaint in the 2008 matter and the Third Circuit denied Plaintiff's appeal. D.E. 3 at 2. While the present matter is factually related to Plaintiff's case before Judge Sheridan, it is a separate case.
APPEARING that Plaintiff filed the instant motion on December 6, 2021. D.E. 18. Plaintiff subsequently filed a Notice of Appeal on December 27, 2021. D.E. 22. Plaintiff filed an amended Notice of Appeal on January 5, 2022. D.E. 25. Plaintiff is appealing the December 3, 2021 Opinion and Order dismissing his Second Amended Complaint. Id.; and it further
APPEARING that Plaintiff's Notice of Appeal conferred jurisdiction upon the Third Circuit and divested this Court of control over aspects of the case that are involved in the appeal. Venen v. Sweet, 758 F.2d 117, 120 (3d Cir. 1985); and it further
APPEARING that Plaintiff appears to seek default judgment as to Defendants that failed to answer Plaintiffs Second Amended Complaint, but Plaintiff is presently seeking review of this Court's dismissal of that pleading. As a result, this Court lacks jurisdiction to decide Plaintiff s motion. See Thomas v. Northeastern University, 470 Fed.Appx. 70, 71 (3d Cir. 2012) (affirming district court's denial of motions for default judgment and to amend because the plaintiffs appeal divested the district court of jurisdiction). Therefore, for the aforementioned reasons, and for good cause shown
IT IS on this 27th day of January, 2022, ORDERED that Plaintiffs Motion for Default Judgment (D.E. 18) is DENIED without prejudice; and it is further
ORDERED that the Clerk of the Court shall send a copy of this Opinion and Order to Plaintiff by regular U.S. mail.