JONES v. UNITED STATES OF AMERICA

Filing 37

OPINION AND ORDER dismissing for lack of jurisdiction Plaintiff's 36 Motion to Reopen Case and 35 Amended Complaint. Signed by Judge Noel L. Hillman on 6/11/2015. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
DONALD JONES,
:
:
Plaintiff,
:
Civ. No. 14-139 (NLH)
:
v.
:
OPINION and ORDER
:
CHARLES E. SAMUELS, JR., et al.,
:
:
Defendants.
:
___________________________________:
APPEARANCES:
Donald Jones, #54517-066
FCI Allenwood
P.O. Box 2000
White Deer, PA 17887
Plaintiff, pro se
HILLMAN, District Judge
In an Order dated August 12, 2014 (ECF No. 25), this Court
dismissed Plaintiff’s claims against all Defendants and this
civil case was terminated.

Plaintiff filed an appeal which is

currently pending before the Third Circuit. See Jones v.
Samuels, et al., App. No. 14-3736.
Recently, however, Plaintiff submitted an “Amended
Complaint” (ECF No. 35) and a Motion to Reopen (ECF No. 36) in
this matter.

The general rule is that the filing of a notice of

appeal divests the district court of jurisdiction over a case
pending resolution of the appeal. See Mitchell v. Henry, 255 F.
App'x 684, 686 (3d Cir. 2007); Pensiero v. Lingle, 847 F.2d 90,
98 (3d Cir. 1988); Venen v. Sweet, 758 F.2d 117, 121 (3d Cir.

1985).

Thus, to the extent Plaintiff seeks to reopen the

previously dismissed matter now on appeal this Court is without
jurisdiction to consider Plaintiff’s requests and the motion
will be dismissed for lack of jurisdiction.
To the extent Plaintiff wishes to commence a new case, he
may do so by filing a complaint which is not labeled “Amended
Complaint” and which does not reference the docket number
associated with this existing case.

This Court makes no

findings as to the merits of such an action nor whether it is so
related to the earlier matter as to be covered by the appellate
stay described above.

Plaintiff is on notice that if he chooses

to bring a separate action, he is obligated to pay another
filing fee.

Therefore,

IT IS on this 11th day of

June

, 2015

ORDERED that this Court is without jurisdiction to consider
Plaintiff’s recently submitted “Amended Complaint” (ECF No. 35)
and Motion to Reopen (ECF No. 36); therefore, to the extent
necessary, they are dismissed for lack of jurisdiction; and it
is further
ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Plaintiff by regular U.S. mail.

At Camden, New Jersey

___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge