Wilkie v. Amica Mutual Insurance Company

Filing 32

ORDER denying pro se Pltf's 27 Motion for an Order Granting a Direct Constitutional Claim. Signed by District Judge Martin Reidinger on 10/02/2019. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CRIMINAL CASE NO. 1:17-cv-00314-MR-WCM

ROBERT VAN WILKIE, individually
)
and as the acting executor of the
)
Judith Kathryn Sellers Wilkie estate, )
)
Plaintiff,
)
vs.
)
)
)
AMICA MUTUAL INSURANCE
)
COMPANY,
)
)
Defendant.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s Motion for
an Order Granting a Direct Constitutional Claim [Doc. 27].
By the present motion, the Plaintiff seeks to challenge the dismissal of
his Complaint with prejudice on the grounds that the dismissal deprived him
of both his right to due process and his constitutional right to a jury trial. [Doc.
27 at 3].
The Court dismissed this action with prejudice on May 22, 2018. [Doc.
15: Order; Doc. 16: Judgment]. The Plaintiff subsequently moved to vacate
the Judgment, which was denied. [See Doc. 23: Motion; Doc. 26: Order].

The Plaintiff filed a Notice of Appeal on August 14, 2019. [Doc. 28: Notice
of Appeal]. That appeal remains pending.
Generally speaking, the filing of a notice of appeal divests the district
court of jurisdiction over a case. See United States v. Wooden, 230 F. App’x
243, 244 (4th Cir. 2007) (per curiam). “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) (per curiam). As such, this Court lacks jurisdiction to
entertain the Plaintiff’s motion.
IT IS, THEREFORE, ORDERED that the pro se Plaintiff’s Motion for
an Order Granting a Direct Constitutional Claim [Doc. 27] is DENIED.
IT IS SO ORDERED.
Signed: October 2, 2019

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