WILLIAMS v KEMP et al

Filing 131

ORDER denying as moot 129 Motion for Leave to Appeal in forma pauperis. In addition to responding to Plaintiff's New Trial Motion, on or before Wednesday, November 27, 2024, counsel for Defendant Officer Dixon, shall file a response to the Rule 60 Motion 126 . Plaintiff may file a reply thereto no later than seven (7) days after Defendant's response is filed. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/22/2024. (ksl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
SALEEM D. WILLIAMS,
Plaintiff,
v.
OFFICER DIXON,
Defendant.
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CASE NO:
7:21-cv-150-WLS-TQL

ORDER
By Order (Doc. 125) entered November 12, 2024, Defendant was ordered to respond
to pro se Plaintiff’s Motion for New Trial; Altering Judgment (Doc. 124) (“New Trial Motion”)
by Wednesday, November 27, 2024. On November 15, 2024, Plaintiff’s, Saleem D. Williams,
Rule 60 Motion (Doc. 126) (“Rule 60 Motion”) was filed.
On November 18, 2024, Plaintiff filed a Notice of Appeal (Doc. 127) pursuant to
Federal Rules of Appellate Procedure appealing the Court’s Judgment entered on
September 30, 2024 (Doc. 123), which is the ruling from which Plaintiff seeks relief in the
New Trial Motion and Rule to Motion. Also pending before the Court is Plaintiff’s “Motion
for Leave to Appeal Informa Pauper [sic]” (Doc. 129) (“IFP Motion”) filed November 21,
2024. With the pending Rule 60 Motion and New Trial Motion, Plaintiff’s Notice of Appeal
appear to be premature. 1 To maintain control of its docket with respect to matters pending in
this case, it is hereby ORDERED that:
1.

In addition to responding to Plaintiff’s New Trial Motion, on or before

Wednesday, November 27, 2024, counsel for Defendant Officer Dixon, shall file a response
to the Rule 60 Motion (Doc. 126). Plaintiff may file a reply thereto no later than seven (7) days
after Defendant’s response is filed.
1 “If a party files a notice of appeal after the court announces or enters a judgment—but before it disposes of

[certain motions, including those filed under Federal Rules of Civil Procedure 59 and 60]—the notice becomes
effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining
motion is entered.” Fed. R. App. P. 4(a)(4)(B)(i).

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2.

Except upon the filing of a written motion and entry of an order finding good

cause, no further briefs shall be filed with respect to the Rule 60 Motion.
3.

Plaintiff’s IFP Motion (Doc. 129) is premature and, is therefore, DENIED AS

MOOT, WITHOUT PREJUDICE.
SO ORDERED, this 22nd day of November 2024.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT

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