Sneed v. Michaels et al

Filing 28

ORDER dismissing 27 Motion to Stay for lack of jurisdiction. Signed by Judge Donald E Walter on 05/20/09. (crt,LundySld, N)

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RECEIVED BY_____ MAY 2 2 Z009 TONY R. MOORE, CLERK WESTERN DISTF~CTOFLOU~IANA UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION BOBBY R. SNEED JR. VERSUS VENETIA MICHAELS, ET AL. CIVIL ACTION NO. 06-383-P JUDGE DONALD E. WALTER MAGISTRATE MARK HORNSBY ORDER Before this Court is a Motion to Stay All Proceedings [Record Document 2], filed on behalf of Plaintiff, Bobby R. Sneed, Jr. As a general rule, when an appeal is taken, the district court is divested ofjurisdiction except to take action in aid of the appeal, unless the case is remanded to it by the appellate court, or to correct clerical errors under Federal Rule of Civil Procedure 60(b). Travelers Ins. Co. V. Liljeberg Enterprises, Inc., 38 F.3d 1404, 1408 n.3 ( th 5 Cir. 1994). In the case at bar, there are no pending motions and the court has rendered a final judgment dismissing the case with prejudice. Plaintiff's filing of a notice of appeal therefore divested this court ofjurisdiction. All motions seeking to stay the proceedings must be filed with the Court of Appeals for the Fifth Circuit. $~ anriiuez v. U.S., 274 Fed.Appx. 351 M (5th (Sth Cir. 2008); Graham v. Dretke, 102 Fed.Appx. 420 Cir. 2004). Therefore, IT IS ORDERED that the foregoing motion be and is hereby DISMISSED for lack of jurisdiction. THUS DONE AND SIGNED in ~ D ALD E. WALTER UNITED STATES DISTRICT JUDGE

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