Peters v. Commissioner of Social Security

Filing 54

MEMORANDUM AND ORDER, dismissing 52 MOTION for Reconsideration re 42 Clerk's Judgment filed by Scott Peters. Signed by Judge J. Phil Gilbert on 6/14/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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SCOTT PETERS,
Petitioner,
vs.

COMMISSIONER OF SOCIAL SECURITY,
Respondent.

Civil No. 16-cv-1271-JPG-CJP

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s Motion Pursuant to Fed. R. Civ. P. 60(b)(3),
(4) and (6). (Doc. 52).
Plaintiff sought judicial review of the decision of the Commissioner of Social Security
denying his application for disability benefits. Judgment was entered in favor of defendant on
August 10, 2017. Plaintiff filed a motion under Fed. R. Civ. P. 59(e), which was denied on
February 2, 2018. (Doc. 46). Plaintiff then filed a notice of appeal. (Doc. 48). Plaintiff’s
appeal has been assigned Case No. 18-1400 and is now pending in the Seventh Circuit Court of
Appeals.
Plaintiff filed his Rule 60 motion about one month after he filed his notice of appeal. The
filing of the notice of appeal transferred jurisdiction of this action to the Seventh Circuit.
Generally, the filing of a notice of appeal “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). The district court retains jurisdiction only to act as to discrete matters that
are ancillary to the issues being appealed. May v. Sheahan, 226 F.3d 876, 879 (7th Cir. 2000).
Plaintiff’s Rule 60 motion argues that this court was incorrect in ruling against him on his
claim. It does not involve an ancillary matter such as attorney’s fees. Therefore, this court is
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without authority to decide his motion. Plaintiff’s Motion Pursuant to Fed. R. Civ. P. 60(b)(3),
(4) and (6) (Doc. 52) is DISMISSED.
IT IS SO ORDERED.
DATED: JUNE 14, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
UNITED STATES DISTRICT JUDGE

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