Mescall v. Bureau of Prisons et al

Filing 32

Opinion and Order Denying 28 Motion for Reconsideration. Signed by District Judge Victoria A. Roberts. (LVer)

Case 2:20-cv-11477-VAR-DRG ECF No. 32, PageID.161 Filed 11/23/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SEAN F. MESCALL,
Plaintiff,

Case No. 2:20-CV-11477
HONORABLE VICTORIA A. ROBERTS

v.
BUREAU OF PRISONS, et. al,
Defendants.
____________________________/
OPINION AND ORDER DENYING THE MOTION FOR
RECONSIDERATION (ECF No. 28)
Plaintiff’s civil rights complaint was dismissed without prejudice on
September 21, 2020, when Plaintiff failed to timely correct a filing fee deficiency by
either paying the filing fee or submitting an application to proceed without
prepayment of fees and costs and supporting documentation.
Plaintiff filed a Notice of Appeal (ECF No. 29). Petitioner also filed a motion
for reconsideration. For the reasons that follow, the motion for reconsideration is
denied.
Plaintiff filed a Notice of Appeal; this Court lacks jurisdiction to consider the
motion for reconsideration. 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
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Case 2:20-cv-11477-VAR-DRG ECF No. 32, PageID.162 Filed 11/23/20 Page 2 of 2

Surgeons, 470 U.S. 373, 379 (1985)(citing Griggs v. Provident Consumer Discount
Co., 459 U.S. 56, 58 (1982)(per curiam)); see also Workman v. Tate, 958 F.2d 164,
167 (6th Cir. 1992). Plaintiff filed a notice of appeal; this Court lacks jurisdiction
to amend its original opinion and order to consider the merits of the case. Workman,
958 F.2d at 167-68; see also Raum v. Norwood, 93 F. App’x 693, 695 (6th Cir.
2004)(Plaintiffs deprived district court of jurisdiction over their motion for
reconsideration by filing notice of appeal before district court had chance to make
decision on motion to reconsider).
Based upon the foregoing, the motion for reconsideration (ECF No. 28) is
DENIED.
IT IS SO ORDERED.
s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: 11/23/2020

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