Watkins v. Stoddard

Filing 23

ORDER directing the Clerk of Court to transfer 21 Application to proceed without prepayment of fees and costs on appeal to the United States Court of Appeals for the Sixth Circuit. Signed by District Judge Sean F. Cox. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NAPOLEAN WATKINS,
Petitioner,
vs.

CASE NO. 2:14-CV-13200
HONORABLE SEAN F. COX
UNITED STATES DISTRICT JUDGE

ROBERT NAPEL,
Respondent.
_________________________________/
ORDER DIRECTING THE CLERK OF THE COURT TO TRANSFER THE
APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND COSTS ON
APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT
On May 16, 2017, this Court denied the petition for a writ of habeas corpus, declined to issue
a certificate of appealability, and denied petitioner leave to appeal in forma pauperis. [Dkt. # 18].
On June 16, 2017, petitioner filed a notice of appeal with the United States Court of Appeals
for the Sixth Circuit. On the same day, petitioner filed an application to proceed without
prepayment of fees and costs on appeal with this Court. [Dkt. # 21]. For the reasons stated below,
the Court orders that the application be transferred to the United States Court of Appeals for the
Sixth Circuit.

A notice of appeal generally “confers jurisdiction on the court of appeals and

divests the district court of control over those aspects of the case involved in the appeal.” Marrese
v. American Academy of Orthopaedic Surgeons, 470 U.S. 373, 379 (1985)(citing Griggs v.
Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)(per curiam));. Workman v. Tate, 958
F.2d 164, 167 (6th Cir. 1992). Petitioner’s notice of appeal divests this Court of jurisdiction to

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consider his motion that he be permitted to proceed in forma pauperis in the Sixth Circuit Court of
Appeals. See Johnson v. Woods, No. 5:12–11632; 2013 WL 557271, *2 (E.D. Mich. February 13,
2013); Glick v. U.S. Civil Service Com’n, 567 F. Supp. 1483, 1490 (N.D. Ill. 1983); Brinton v.
Gaffney, 560 F. Supp. 28, 29-30 (E.D. Pa. 1983). Because jurisdiction of this action was transferred
from the district court to the Sixth Circuit Court of Appeals upon the filing of the notice of appeal,
petitioner’s application to proceed without prepayment of fees and costs on appeal would be more
appropriately addressed to the Sixth Circuit. In the interests of justice, this Court can order that the
application to proceed in forma pauperis be transferred to the Sixth Circuit for that court’s
consideration. See Baker v. Perry, No. 2:12–10424; 2012 WL 6097323, *2 (E.D. Mich. December
6, 2012).
IT IS HEREBY ORDERED that the Clerk of the Court transfer petitioner’s “Application
to Proceed Without Prepayment of Fees and Costs on Appeal” [Dkt. # 21] to the United States Court
of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631.

Dated: July 27, 2017

s/Sean F. Cox
Sean F. Cox
U. S. District Judge

I hereby certify that on July 27, 2017, the foregoing document was served on counsel of record via
electronic means and upon Napolean Watkins via First Class mail at the address below:
Napolean Watkins
704896
MARQUETTE BRANCH PRISON
1960 U.S. HWY 41 SOUTH
MARQUETTE, MI 49855

s/J. McCoy
Case Manager
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