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)

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,

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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

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