Opinion
1:01CV003
April 1, 2003
MEMORANDUM ORDER
This matter is before the court on Plaintiff James Zellinger's Motion for Reconsideration [Doc. #29). On December 27, 2002, this court entered an order transferring this case to the Western District of Louisiana pursuant to Federal Rule of Civil Procedure 1406(a). On December 31, 2002, the case file was physically sent to the Western District of Louisiana. The case was docketed in the Western District of Louisiana on January 6, 2003. On January 9, 2003, Zellinger filed the instant Motion for Reconsideration in the Middle District of North Carolina.
In Wilson-Cook Medical Inc. v. Wilson, the Fourth Circuit adopted the general rule that jurisdiction is conveyed "from the transferor court to the transferee court when the record is physically transferred to the transferee court." 942 F.2d 247, 250. In this case, jurisdiction was transferred to the Western District of Louisiana, at the latest, on January 6, 2003 when the case was docketed in the Western District of Louisiana. As of that date, the Middle District of North Carolina no longer had jurisdiction. Therefore, this court does not have jurisdiction to decide Mr. Zellinger's Motion for Reconsideration, which was filed on January 9, 2003.