Sneed v. Michaels

Full title: BOBBY R. SNEED JR. v. VENETIA MICHAELS, ET AL

Court: United States District Court, W.D. Louisiana, Shreveport Division

Date published: May 20, 2009

CIVIL ACTION NO. 06-383-P (W.D. La. May. 20, 2009)

Opinion

CIVIL ACTION NO. 06-383-P.

May 20, 2009

ORDER

DONALD WALTER, Senior District Judge

Before this Court is a Motion to Stay All Proceedings [Record Document 2], filed on behalf of Plaintiff, Bobby R. Sneed, Jr. As a general rule, when an appeal is taken, the district court is divested of jurisdiction except to take action in aid of the appeal, unless the case is remanded to it by the appellate court, or to correct clerical errors under Federal Rule of Civil Procedure 60(b). Travelers Ins. Co. V. Liljeberg Enterprises, Inc., 38 F.3d 1404, 1408 n. 3 (5^th Cir. 1994). In the case at bar, there are no pending motions and the court has rendered a final judgment dismissing the case with prejudice. Plaintiff's filing of a notice of appeal therefore divested this court of jurisdiction. All motions seeking to stay the proceedings must be filed with the Court of Appeals for the Fifth Circuit. See Manriquez v. U.S., 274 Fed.Appx. 351 (5^th Cir. 2008); Graham v. Dretke, 102 Fed.Appx. 420 (5^th Cir. 2004).

Therefore, IT IS ORDERED that the foregoing motion be and is hereby DISMISSED for lack of jurisdiction.

THUS DONE AND SIGNED.