Opinion
CASE NO. 2:18-CR-00278-01
08-04-2020
UNITED STATES OF AMERICA v. RONALD W ALLEN JR (01)
MAGISTRATE JUDGE KAY
RULING AND REASONS
Before the Court is a "Motion to Dismiss" (Doc. 102) wherein Defendant Ronald W. Allen, Jr. moves to dismiss, without prejudice the Notice of Appeal as to the Final Judgment and the Notice of Appeal as to the Order denying Allen's release from custody pending appeal. The Court is without jurisdiction to dismiss Allen's appeals to the Fifth Circuit Court of Appeal. Allen must make that request to the Fifth Circuit. See Alaska Elec. Pension Fund v. Flowserve Corp., 572 F.3d 221 (5th Cir. 2009) ("[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.") Accordingly, it is
Docs. 66, 67, and 68.
Doc. 76. --------
ORDERED that the Motion to Dismiss is hereby DENIED.
THUS DONE AND SIGNED in New Orleans, Louisiana on this 4th day of August, 2020.
/s/ _________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE