Opinion
Civil Action 2:21-cv-00106
05-17-2024
ANDRED CLINTON DAVIS, JR., Plaintiff, v. DONALD AMES, et al., Defendants.
MEMORANDUM OPINION AND ORDER
JOSEPR R. GOODWIN, UNITED STATES DISTRICT JUDGE.
Pending before the court is Plaintiff's Letter Form Motion requesting that his case be reinstated. [ECF No. 76]. Defendants Donald Ames, Jason Bragg, Jason Wooten, Margaret Clifford, and Chris Wilson (collectively, “Defendants”) responded on February 2, 2024. [ECF No. 77].
On December 18, 2023, Plaintiff filed a Notice of Appeal, [ECF No. 71], of the court's November 1, 2023, Judgment Order, [ECF No. 67]. When Plaintiff filed his Notice of Appeal, this court was divested of jurisdiction over the case. See In re GNC Corp., 789 F.3d 505, 512 n.5 (4th Cir. 2015) (“The timely 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.'”) (quoting Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)).
Accordingly, Plaintiff's Letter Form Motion, [ECF No. 76], is DENIED because this court lacks jurisdiction. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.