Opinion
CIVIL ACTION NO. 12-742-SDD-SCR
04-28-2014
ERIKA BOYD v. BURL CAIN, ET AL
RULING
On April 16, 2014, Plaintiff Erika Boyd filed a Notice of Appeal with the Fifth Circuit following the Ruling and Judgment entered against her by this Court on March 17, 2014. Immediately following this Notice of Appeal, the Plaintiff also filed a Motion to Vacate Order on Motion for Summary Judgment.
Rec. Doc. No. 28.
Rec. Doc. No. 26.
Rec. Doc. No. 27.
Rec. Doc. No. 29.
The law is clear that "[w]ith narrow exceptions, '[a] district court loses all jurisdiction over matters brought to the court of appeals upon the filing of a notice of appeal.'" The U.S. Supreme Court has explained, "[t]he 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."
Plaquemines Holdings, LLC. v. CHS, Inc., No. 11-3149, 2013 WL 6332151 at *2 (E.D. La. Dec. 5, 2013)(quoting Rutherford v. Harris Cnty., Tex., 197 F.3d 173, 190 (5th Cir.1999)).
Griggs v. Provident Consumer Dis. Co., 459 U.S. 56. 58 (1982).
Thus, because the Court now lacks jurisdiction over Plaintiff's case, the Motion to Vacate is DENIED. Likewise, the subsequent Motion for Extension of Time to File Notice of Appeal is also DENIED as Plaintiff has already appealed to the Fifth Circuit.
Rec. Doc No. 29.
Rec. Doc. No. 31.
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IT IS SO ORDERED.
BATON ROUGE, Louisiana, this 28 day of April, 2014.
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SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA