Anderson v. True et al

Filing 81

ORDER Denying 80 Motion to Appoint Counsel. Signed by District Judge Gershwin A. Drain. (TBan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEXTER ANDERSON, Case No. 15-cv-11703 Plaintiff, v. B. TRUE ET AL., Defendants. __________________________/ UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN UNITED STATES MAGISTRATE JUDGE DAVID R. GRAND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL [80] Plaintiff Dexter Anderson filed a Motion for Appointment of Counsel on October 16, 2017. Dkt. No. 80. Plaintiff filed a notice of appeal on September 20, 2017, however. See Dkt. No. 77. Courts have long held that “[a] notice of appeal divests the district court of its control over aspects of the case involved in the appeal.” United States v. Young, 847 F.3d 328, 360 (6th Cir. 2017) (citing Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58, 103 S. Ct. 400, 74 L. Ed .2d 225 (1982)). Put another way, only the Sixth Circuit—and not this Court—can grant Plaintiff’s motion. Accordingly, the Court must DENY Plaintiff’s Motion for Appointment of Counsel. IT IS SO ORDERED. Dated: November 7, 2017 /s/Gershwin A. Drain GERSHWIN A. DRAIN United States District Judge -1- CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on November 7, 2017, by electronic and/or ordinary mail. /s/ Tanya Bankston Deputy Clerk -2-

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