Lofton v. Wetzel et al

Filing 21

ORDER granting pltf's motion for relief from judgment 20 , deeming amended complaint 18 timely filed in acc w/ the prisoner mailbox rule, VACATING ct's order of 11/20/12 16 , directing Clrk of Ct to REOPEN case, & directing defts to file answer or responsive pleading w/in 21 days of date of this order. (See order for complete details.) Signed by Honorable Christopher C. Conner on 12/06/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JERMAINE LOFTON,
Plaintiff
v.
JOHN WETZEL, et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-1133
(Judge Conner)

ORDER
AND NOW, this 6th day of December, 2012, upon consideration of plaintiff’s
motion for relief from judgment (Doc. 20), it is hereby ORDERED that:
1.

The motion (Doc. 20) is GRANTED.1

2.

The amended complaint (Doc. 18) is DEEMED timely filed in
accordance with the prisoner mailbox rule. Houston v. Lack, 487 U.S.
266 (1988).2

“As a general rule, the timely filing of a notice of appeal is an event of
jurisdictional significance, immediately conferring jurisdiction on a Court of
Appeals and divesting a district court of its control over those aspects of the case
involved in the appeal.” Venen v. Sweet, 758 F.2d 117, 120 (3d Cir.1985) (citing
Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)). However, a
district court retains jurisdiction over motions for relief of judgment under Federal
Rule of Civil Procedure 60 pursuant to Federal Rule of Appellate Procedure
4(a)(4)((B)(i).
1

On September 7, 2012, defendants filed a motion (Doc. 11) to dismiss the
complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the
alternative, pursuant to Federal Rule of Civil Procedure 12(e). On October 15, 2012,
defendants’ Rule 12(e) motion was granted and plaintiff was directed to file an
amended complaint on or before November 13, 2012. (Doc. 14.) Although, the
amended complaint was not filed until November 20, 2012. However, the mailing
envelope indicates that it was placed in the United States Mail on November 13,
2012. (Doc. 18, at 35.)
2

3.

This Court’s Order of November 20, 2012 (Doc. 16) is VACATED.

4.

The Clerk of Court is directed to REOPEN this case.

5.

Defendants shall file an answer or responsive pleading within twentyone days of the date of this order.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge