Anderson v. True et al

Filing 81

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

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
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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

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