Sathue v. Niagara City Police Department et al
DECISION AND ORDER: Plaintiff's 26 Motion for Preservation of Evidence is DENIED for lack of jurisdiction. SO ORDERED. A copy of this NEF and Decision and Order has been mailed to pro se Plaintiff.. Signed by Hon. Frank P. Geraci, Jr. on 4/16/18. (KSB)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Case # 17-CV-747-FPG
DECISION AND ORDER
NIAGARA CITY POLICE
DEPARTMENT, et al.,
On January 25, 2018, this Court screened and dismissed pro se Plaintiff Justin Sathue’s
Amended Complaint with prejudice, pursuant to 28 U.S.C. § 1915(e)(2). See ECF No. 22.
Judgment was subsequently entered on January 26, 2018. ECF No. 23. Shortly thereafter, on
February 5, 2018, Plaintiff filed a Notice of Appeal. ECF No. 24. On February 23, 2018, Plaintiff
filed a Motion for Preservation of Evidence (ECF No. 26) with this Court, seeking an order
directing “all parties to preserve documents that they know, or reasonably know, are relevant to
the . . . action.” ECF No. 26, at 2.
It is well established that “[t]he 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.” See Griggs v. Provident Consumer
Discount Co., 459 U.S. 56, 58 (1982) (per curiam), superseded on other grounds by Fed. R. App.
P. 4(a)(4)(B)(i); Toliver v. County of Sullivan, 957 F.2d 47, 49 (2d Cir. 1992) (“[T]his circuit has
repeatedly held that the docketing of a notice of appeal ‘ousts the district court of jurisdiction
except insofar as it is reserved to it explicitly by statute or rule.’ ” (quoting Ryan v. U.S. Line Co.,
303 F.2d 430, 434 (2d Cir. 1962))). Plaintiff’s Motion does not fall within the purview of Federal
Rule of Appellate Procedure 4(a)(4)(A)—therefore, the previously filed Notice of Appeal remains
effective. Accordingly, the Court does not have jurisdiction over Plaintiff’s Motion to Preserve
Evidence (ECF No. 26), and the Motion is therefore DENIED.
IT IS SO ORDERED.
April 16, 2018
Rochester, New York
HON. FRANK P. GERACI, JR.
United States District Court
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