Opinion
08 C 684.
May 1, 2008
MEMORANDUM ORDER
Emerson Tucker ("Tucker") has just transmitted the attached letter to this Court, asking in the first instance for the issuance of an injunction pending the appeal that he has taken from this Court's order dismissing his pro se Complaint and this action. That request misunderstands both the role of the federal courts in general and the fact that Tucker's appeal has placed jurisdiction in the Court of Appeals rather than this District Court.
Moreover, Tucker's letter reconfirms that the relief that he sought in his lawsuit — obtaining delivery of his personal materials that had been sent from New York City to Chicago as a result of his extradition — was in fact accomplished on February 21 when his Chicago lawyer obtained that property. If any difficulty still exists as to the custody of that property as between Tucker's own lawyer and Tucker himself, that is for the state court system to deal with — not through an injunction issued by a federal district court.
In summary, this Court believes that it no longer has jurisdiction over Tucker's case by reason of the pendency of his appeal. If he considers that some interim relief is in order, he should direct his request to the Court of Appeals.
Exhibit