Cotner v. Known and Unknown Drug Cartel Members et al

Filing 11

ORDER denying without prejudice 9 Motion for Sanctions. Signed by Judge Susan P. Watters on 5/8/2017. Mailed to Cotner. (TAG)

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION CV 17-00040-BLG-SPW ROBERT COTNER, Plaintiff, ORDER DENYING MOTION TO PROCEED IN FORMA P AUPERIS vs. KNOWN AND UNKNOWN DRUG CARTEL MEMBERS, et al., Defendants. Plaintiff Robert Cotner, a prisoner confined in Oklahoma, proceeding without counsel, filed a Motion to Sanction Agents of Defendants and to Compel them to pay filing and appeal fees. (Doc. 9.) On April 24, 2017, this Court issued an Order denying Mr. Cotner' s motion to proceed in forma pauperis and dismissing this case. (Doc. 5.) On May 4, 2017, Mr. Cotner filed a notice of appeal. (Doc. 7.) His motion for sanctions was filed on May 5, 2017. "The filing 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." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). This Court does not have jurisdiction to rule on Mr. Cotner's motion, 1 ACCORDINGLY IT IS HEREBY ORDERED THAT the Motion to Sanction Agents of Defendants and to Compel them to pay filing and appeal fees (Doc. 9) is DENIED WITHOUT PREJUDICE. DATED this L ~ of May, 2017. day ,, ~/.~ SUSANP. WATTERS United States District Judge 2

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