Tucker v. Gordelis et al

Filing 18

ORDER Signed by Judge Alvin W. Thompson on 3/31/2021. (Oliver, T.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

DEAVON TUCKER,
Plaintiff,
v.
GORDELIS, et al.,
Defendants.

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: Civil No. 3:20-cv-1810 (AWT)
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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until such time as the appeal is concluded or withdrawn, this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been withdrawn.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
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Alvin W. Thompson
United States District Judge