Evans v. Britt, et al

Filing 78

ORDER regarding 77 MOTION to dismiss any fees under PLRA as to any appeals taken - This court does not have jurisdiction to hear this motion. Thus, the clerk of court is DIRECTED to forward plaintiff's motion (DE 77) to the Fourth Circuit Court of Appeals and to terminate the motion in this action. Signed by District Judge Louise Wood Flanagan on 12/22/2015. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 7:13-cv-126-FL
GEORGE R. EVANS,
Plaintiff,
v.
OFFICER STEPHEN
BRITT, et. al,

CASHWELL

Defendants.

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ORDER

The matter is before the court on plaintiff’s “motion to dismiss any fees under the [Prisoner
Litigation Reform Act] as to any appeals taken in the case” (DE 77). This court does not have
jurisdiction to hear this motion. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 5859 (1982) (per curiam) (“The filing of a notice of appeal is an event of jurisdictional significant-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.”). Thus, the clerk of court is DIRECTED to forward
plaintiff’s motion (DE 77) to the Fourth Circuit Court of Appeals and to terminate the motion in this
action.
SO ORDERED, this the 22nd day of December, 2015.

_____________________________
LOUISE W. FLANAGAN
United States District Judge