Clark v. Sachse et al

Filing 21

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs post-dismissal motion for appointment of counsel [Doc. #13], motion for relief from judgment [Doc. #14], motion for alternative dispute resolution [Doc. #15], motion for leave to file an amend ed complaint [Doc. #16], and motion for temporary restraining order [Doc. #17] are DENIED without prejudice. IT IS FURTHER ORDERED that an appeal from the denial of the aforementioned would not be taken in good faith. 14 13 17 16 15 Signed by District Judge Jean C. Hamilton on 7/7/14. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SARCOREY L. CLARK,
Plaintiff,

JENNIFER SACHSE, et al.,
Defendants.

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No. 4:14-CV-835-NAB

MEMORANDUM AND ORDER
Before the Court are plaintiff’s post-dismissal motion for appointment of
counsel [Doc. #13], motion for relief from judgment [Doc. #14], motion for
alternative dispute resolution [Doc. #15], motion for leave to file an amended
complaint [Doc. #16], and motion for temporary restraining order [Doc. #17].
Plaintiff is presently confined at the South Central Correctional Center. He
filed the instant action for monetary damages1 pursuant to 42 U.S.C. § 1983,

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Plaintiff also summarily listed "Injunctive relief" in the relief section of the
amended complaint [Doc. #2, p. 24]; however, he did not specifically indicate or
plead what injunctive relief he was seeking against the MECC defendants. In
addition, when plaintiff filed this action, he was no longer incarcerated at MECC.
As such, the Court liberally construed the amended complaint as asserting claims
for monetary relief against the defendant MECC employees. See Gladson v. Iowa
Department of Corrections, 551 F.3d 825, 835 (8th Cir.2009) (inmate's claims for
declaratory and injunctive relief are moot when he is transferred to another facility
and is no longer subject to alleged unlawful conditions); Pratt v. Correctional
Corp. of America, 267 Fed. Appx. 482 (8th Cir.2008); Smith v. Hundley, 190 F.3d
852, 855 (8th Cir.1999) (same).

alleging violations of his constitutional rights. Plaintiff brought this action against
eight named defendants, all of whom were alleged to be employees of the Missouri
Eastern Correctional Center ("MECC"). The events giving rise to the complaint
also occurred at MECC.
On May 27, 2014, after reviewing the first amended complaint pursuant to
28 U.S.C. § 1915, the Court dismissed plaintiff’s claims as frivolous and for failure
to state a claim upon which relief could be granted [Doc. #9 and #10]. On June 4,
2014, the Court received and filed plaintiff's motion for appointment of counsel
[Doc. #13] and motion for relief from judgment [Doc. #14]; on June 6, 2014, the
Court filed plaintiff's motion for alternative dispute resolution [Doc. #15] and
motion for leave to file an amended complaint [Doc. #16]; on June 11, 2014, the
Court filed plaintiff's motion for temporary restraining order [Doc. #17]. On June
23, 2014, while said motions were pending, plaintiff filed a notice of appeal [Doc.
#20] relative to the May 27, 2014 Order of Dismissal.
Upon the filing of the notice of appeal, this Court lost jurisdiction to grant
any of plaintiff’s pending motions. See Griggs v. Provident Consumer Disc. Co.,
459 U.S. 56, 58 (1982) (“[F]iling of a notice of appeal is an event of jurisdictional
significance – it confers jurisdiction on the court of appeals and divests the district
court of its control over those aspects of the case involved in the appeal.”).
Accordingly,
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IT IS HEREBY ORDERED that plaintiff’s post-dismissal motion for
appointment of counsel [Doc. #13], motion for relief from judgment [Doc. #14],
motion for alternative dispute resolution [Doc. #15], motion for leave to file an
amended complaint [Doc. #16], and motion for temporary restraining order [Doc.
#17] are DENIED without prejudice.
IT IS FURTHER ORDERED that an appeal from the denial of the
aforementioned would not be taken in good faith.
Dated this 7th day of July, 2014.

/s/Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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