Jones v. Anthony Wayne Services

Filing 68

OPINION AND ORDER re 67 MOTION to Void Judgment or Recuse Judge or Alternatively to Amend the Pleadings by Plaintiff Joycinth V Jones. The Motion is DISMISSED for lack of jurisdiction. Signed by Judge William C Lee on 7/15/11. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JOYCINTH JONES,
Plaintiff,
v.
A.W. HOLDINGS, LLC., a/k/a
ANTHONY WAYNE SERVICES,
Defendant.

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CIVIL NO. 1:09cv284

OPINION AND ORDER
This matter is before the court on a “Motion to Void Judgment, or Recuse or
Alternatively to Amend the Pleadings” filed by the plaintiff, Joycinth Jones (“Jones”), on June
27, 2011. The defendant has not responded to the motion.
Discussion
Jones filed an employment discrimination case against the defendant in the Allen
Superior Court. The case was removed to this court on October 15, 2009. Jones was originally
represented by counsel, but is presently proceeding pro se. The defendant filed a motion for
summary judgment, which was granted on February 7, 2011. Jones filed a motion for new trial
or alternatively to vacate judgment, which was denied on May 27, 2011. Jones filed a Notice of
Appeal on June 21, 2011. Then, on June 27, 2011, Jones filed the present motion to void
judgment, recuse, or alternatively to amend the pleadings.
Generally, a district court no longer has jurisdiction over an action as soon as a party
filed a notice of appeal. Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir. 1993). Although
there are a few exceptions to the general rule, such as when a proper Rule 60(b) motion has been
filed, there is absolutely no indication that any exception would apply in the present case.

Accordingly, the motion will be dismissed for lack of jurisdiction.
Conclusion
On the basis of the foregoing, Jones’ “Motion to Void Judgment, or Recuse or
Alternatively to Amend the Pleadings” [DE 65] is hereby DISMISSED.

Entered: July 15, 2011.

s/ William C. Lee
William C. Lee, Judge
United States District Court

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