Tucker v. Gordelis

D. Connecticut

Tucker v. Gordelis

DecidedMarch 31, 2021

Docket3:20-cv-01810

StatusUnknown

This text of Tucker v. Gordelis (Tucker v. Gordelis) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tucker v. Gordelis, (D. Conn. 2021).

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Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

: DEAVON TUCKER, : Plaintiff, : : Civil No. 3:20-cv-1810 (AWT) v. : : GORDELIS, et al., : Defendants. :

:

ORDER On March 5, 2021, the court granted the plaintiff’s motion for extension of time to tender the filing fee and ordered this case reopened. ECF No. 11. On March 4, 2021, unbeknownst to the court at the time the order entered, the plaintiff filed a notice of appeal of the order dismissing the case. ECF No. 14. As a general matter, “[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.” Negron v. United States, 394 F. App’x 788, 792 (2d Cir. 2010) (quoting Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)) (internal quotation marks omitted). The plaintiff has now tendered the filing fee. However, until such time as the appeal is concluded or withdrawn, this court lacks jurisdiction to review the complaint to determine whether service should be made on any defendant. If the plaintiff wishes the court to review his allegations

now, he must file a notice at the Court of Appeals withdrawing his appeal and a notice informing this court when the appeal has been withdrawn. It is so ordered. Signed this 31st day of March 2021 at Hartford, Connecticut.

/s/AWT __ ___ Alvin W. Thompson United States District Judge

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

: DEAVON TUCKER, : Plaintiff, : : Civil No. 3:20-cv-1810 (AWT) v. : : GORDELIS, et al., : Defendants. :

:

ORDER On March 5, 2021, the court granted the plaintiff’s motion for extension of time to tender the filing fee and ordered this case reopened. ECF No. 11. On March 4, 2021, unbeknownst to the court at the time the order entered, the plaintiff filed a notice of appeal of the order dismissing the case. ECF No. 14. As a general matter, “[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.” Negron v. United States, 394 F. App’x 788, 792 (2d Cir. 2010) (quoting Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)) (internal quotation marks omitted). The plaintiff has now tendered the filing fee. However, until such time as the appeal is concluded or withdrawn, this court lacks jurisdiction to review the complaint to determine whether service should be made on any defendant. If the plaintiff wishes the court to review his allegations

now, he must file a notice at the Court of Appeals withdrawing his appeal and a notice informing this court when the appeal has been withdrawn. It is so ordered. Signed this 31st day of March 2021 at Hartford, Connecticut.

/s/AWT __ ___ Alvin W. Thompson United States District Judge

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