Smith v. Buss et al

Filing 60

OPINION AND ORDER denying 53 , 55 Motions for Copy of Record on Appeal. Signed by Judge Philip P Simon on 7/21/09. (cc: USCA forwarding 53 and 55 ). (ksc)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ROY AUSTIN SMITH, Plaintiff, vs. DAWN BUSS, et al., Defendants. ) ) ) ) ) ) ) ) )

Cause No. 3:07-CV-0207 PS

OPINION AND ORDER
Roy Austin Smith , a pro se prisoner, filed two motions seeking to withdraw the Clerk's record so that he can prepare his appeal in 09-1980. When the party withdrawing the record is incarcerated, the clerk who has physical custody of the record, on order of this court, will send the record to the warden of the institution with the request that the record be made available to the party under supervised conditions and be returned to the respective clerk before a specified date. 7TH CIR. R. 11(d) (emphasis added). This rule requires that an order to release the record to a prisoner be issued by the Circuit Court. Because this case is on appeal, this Court lacks jurisdiction to rule on this motion. Therefore, to the extent that he seeks relief from this Court, the motions (DE 53 and DE 55) are DENIED. The Clerk is DIRECTED to forward a copy of the motion to the Seventh Circuit. SO ORDERED. ENTERED: July 21, 2009 /s Philip P. Simon Philip P. Simon, Judge United States District Court