Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Clark v. Sachse

United States District Court, E.D. Missouri, Eastern Division

July 7, 2014

SARCOREY L. CLARK, Plaintiff,
v.
JENNIFER SACHSE, et al., Defendants.

MEMORANDUM AND ORDER

JEAN C. HAMILTON, District Judge.

Before the Court are plaintiff's post-dismissal motion for appointment of counsel [Doc. #13], motion for relief from judgment [Doc. #14], motion for alternative dispute resolution [Doc. #15], motion for leave to file an amended complaint [Doc. #16], and motion for temporary restraining order [Doc. #17].

Plaintiff is presently confined at the South Central Correctional Center. He filed the instant action for monetary damages[1] pursuant to 42 U.S.C. § 1983, alleging violations of his constitutional rights. Plaintiff brought this action against eight named defendants, all of whom were alleged to be employees of the Missouri Eastern Correctional Center ("MECC"). The events giving rise to the complaint also occurred at MECC.

On May 27, 2014, after reviewing the first amended complaint pursuant to 28 U.S.C. § 1915, the Court dismissed plaintiff's claims as frivolous and for failure to state a claim upon which relief could be granted [Doc. #9 and #10]. On June 4, 2014, the Court received and filed plaintiff's motion for appointment of counsel [Doc. #13] and motion for relief from judgment [Doc. #14]; on June 6, 2014, the Court filed plaintiff's motion for alternative dispute resolution [Doc. #15] and motion for leave to file an amended complaint [Doc. #16]; on June 11, 2014, the Court filed plaintiff's motion for temporary restraining order [Doc. #17]. On June 23, 2014, while said motions were pending, plaintiff filed a notice of appeal [Doc. #20] relative to the May 27, 2014 Order of Dismissal.

Upon the filing of the notice of appeal, this Court lost jurisdiction to grant any of plaintiff's pending motions. See Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) ("[F]iling 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 HEREBY ORDERED that plaintiff's post-dismissal motion for appointment of counsel [Doc. #13], motion for relief from judgment [Doc. #14], motion for alternative dispute resolution [Doc. #15], motion for leave to file an amended complaint [Doc. #16], and motion for temporary restraining order [Doc. #17] are DENIED without prejudice.

IT IS FURTHER ORDERED that an appeal from the denial of the aforementioned would not be taken in good faith.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.