Hollowell v. Bornkempt et al
OPINION AND ORDER denying 27 First Amended Emergency Motion For Injunctive Relief Reconsideration. Signed by Judge Jon E DeGuilio on 9/26/17. (Copy mailed to pro se party). (nal)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
Plaintiff, Pro se,
Joel E. Bornkempt, Timothy D. McKay,
Robert E. Altman III, April N. Pinder,
Phyllis A. Carmer, Bradley C. Crosley of
Reisenfeld & Associates, LPA, LLC;
David J. Jurkeiewicz, Christina M. Bruno or
Bose, McKinney & Evans, LLP; and
Louis Chronowski, Jordan Huttenlocker,
Maria A. Diakoumakis of Dykema Gossett
Case No. 3:17-CV-606 JD
OPINION AND ORDER
Plaintiff Terrence Hollowell filed a pro se complaint against a number of defendants.
The Complaint was accompanied by an Emergency Motion for Injunctive Relief, which sought
to enjoin the sheriff’s sale of the subject property. The Court denied Plaintiff’s request on August
10, 2017. [DE 4] Plaintiff then filed an interlocutory appeal of the Court’s decision on August 29
[DE 14], and that matter is still before the Seventh Circuit. Nearly a month later, and only two
days before the scheduled sheriff’s sale is set to take place, Plaintiff filed the instant “First
Amended Emergency Motion For Injunctive Relief Reconsideration” (the “Motion”). [DE 27]
Plaintiff’s request is denied for the following reasons.
To the extent Plaintiff is seeking reconsideration of the Court’s denial of injunctive relief
on August 10, that request is denied for lack of jurisdiction. The filing of a notice of appeal
divests the district court of jurisdiction as to the specific issues and matters being appealed.
Henry v. Farmer City State Bank, 808 F.2d 1228, 1241 (7th Cir. 1986) (citing Griggs v.
Provident Consumer Discount Co., 459 U.S. 56, 58, 103 S.Ct. 400, 402, 74 L. Ed. 2d 225
(1982)). Here, Plaintiff appealed the Court’s interlocutory decision to deny his request for a
preliminary injunction and temporary restraining order. When he did so, jurisdiction over that
requested relief and the issues relating to it transferred to the appellate court. Plaintiff’s appeal is
still pending, and thus jurisdiction has not been returned to the district court. See Kusay v. U.S.,
62 F.3d 192, 194 (7th Cir. 1995) (“Just as the notice of appeal transfers jurisdiction to the court
of appeals, so the mandate returns it to the district court. Until the mandate issues, the case is ‘in’
the court of appeals, and any action by the district court is a nullity.).
To the extent Plaintiff’s Motion is requesting relief under Fed. R. Civ. P. Rule 62(c),
under which the Court may grant a separate injunction on terms for bond while an appeal from
the interlocutory denial of an injunction is pending, the Court lacks jurisdiction to do so for the
same reasons as discussed in its order denying Plaintiff’s initial motion. Specifically, Plaintiff’s
federal claims are barred by the Rooker-Feldman doctrine, which precludes federal district courts
from exercising jurisdiction over “cases brought by state-court losers complaining of injuries
caused by state-court judgments rendered before the district court proceedings commenced and
inviting district court review and rejection of those judgments.” Exxon-Mobil Corp. v. Saudi
Basic Indus. Corp., 544 U.S. 280, 284 (2005). The Plaintiff’s suit in this Court, at least as far as
it attempts to enjoin the sheriff’s sale, is an attempt to relitigate the merits of the underlying state
foreclosure action. This Court therefore lacks the jurisdiction to enjoin the sale. See Mack v. Am.
Nat. Bank of Beaver Dam, No. 10-cv-557, 2010 WL 4365526, at *2–3 (W.D. Wis. Oct. 27,
2010) (denying temporary restraining order in similar case on Rooker-Feldman grounds).
For all the foregoing reasons, Plaintiff’s Motion [DE 27] is DENIED.
ENTERED: September 26, 2017
/s/ JON E. DEGUILIO
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?