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Roberson v. Ray

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Mar 28, 2013
No. 3:11-0117 (M.D. Tenn. Mar. 28, 2013)

Opinion

No. 3:11-0117

03-28-2013

TIMOTHY ROBERSON Plaintiff, v. GAYLE RAY, et al Defendants.


Judge Sharp


ORDER

The Court has before it plaintiff's pro se Motion for Appointment of Counsel and Independent Expert Witness (Docket Entry No.170) and Motion to Vacate Order of Dismissal with Prejudice (Docket Entry No.171).

The instant action was closed by an order (Docket Entry No.155) entered on February 5, 2013 and is currently on appeal. Docket Entry No.161.

Generally, "the filing of a notice of appeal confers jurisdiction on the court of appeals and divests the district court of control over those aspects of the case involved in the appeal". Marrese v. American Academy of Orthopaedic Surgeons, 470 U.S. 373,379 (1985); Inland Bulk Transfer Co. v. Cummins Engine Co., 332 F.3d 1007,1013 (6th Cir.2003).

Here, the Court discerns no basis for exercising jurisdiction over the merits of plaintiff's pending motions. Accordingly, plaintiff's pending motions are hereby DENIED for want of jurisdiction.

It is so ORDERED.

_______________

Kevin H. Sharp

United States District Judge


Summaries of

Roberson v. Ray

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Mar 28, 2013
No. 3:11-0117 (M.D. Tenn. Mar. 28, 2013)
Case details for

Roberson v. Ray

Case Details

Full title:TIMOTHY ROBERSON Plaintiff, v. GAYLE RAY, et al Defendants.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Date published: Mar 28, 2013

Citations

No. 3:11-0117 (M.D. Tenn. Mar. 28, 2013)