McCoy v. Edmeister et al

Filing 132

MEMORANDUM AND ORDER,Plaintiff's Motion (Doc. 131 ) for Findings and Conclusion of Law is DISMISSED for lack of jurisdiction. Signed by Judge J. Phil Gilbert on 1/17/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER H. MCCOY,
Plaintiff,
vs.
ERIC T. EDMISTER,
Defendant.

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Case No. 14-cv-01379-JPG-DGW

MEMORANDUM AND ORDER
The Plaintiff has filed a Motion (Doc. 131) for Findings and Conclusions of Law Under
Fed.R.Civ.P. 52(A); however, this matter is currently on appeal. (Doc. 124). “The 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.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). “[T]he district
court retains jurisdiction to act only if the order being appealed or the proceeding before the
district court is a discrete matter ancillary to the issues under consideration in the other court.”
May, 226 F.3d at 879 (citing Kusay v. United States, 62 F.3d 192, 193-94 (7th Cir. 1995)); see
Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395 (1990).
The plaintiff is appealing the final judgment in this matter and as such, a motion dealing
with the final judgment is not a discrete ancillary matter, but the specific issue on appeal.
Therefore, Plaintiff’s Motion (Doc. 131) for Findings and Conclusion of Law is DISMISSED
for lack of jurisdiction.
IT IS SO ORDERED.
DATED: 1/17/2017

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE