Neal v. Joyner

Filing 26

ORDER denying 21 MOTION for Reconsideration; 24 MOTION to Appoint Counsel; and 25 MOTION to Supplement Exhibit in Support of Claim without prejudice. Signed by Honorable Richard M Gergel on 5/21/2018. (mwal)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Craig Andre Neal,
Petitioner,
vs.
Warden Joyner,
Respondent.

)
)
)
)
)
)
)
)
)
)

Case No. 0:17-2352

ORDER

By order dated October 25, 2017, this Court dismissed Petitioner's habeas petition
submitted pursuant to 28 U.S.C. § 2241 without prejudice. (Dkt. No. 11 ). Petitioner thereafter
filed a notice of appeal with the Fourth Circuit United States Court of Appeals. (Dkt. No. 14).
That matter remains pending before the Fourth Circuit. On April 27, 2018, Petitioner filed a
motion for reconsideration of this Court's October 2017 order (Dkt. No. 21), and additional
motions for appointment of counsel (Dkt. No. 24) and to supplement the record (Dkt. No. 25)
were filed on May 18, 2018.
It is well settled that the filing of a notice of appeal confers jurisdiction on the appellate
court and divests the district court of jurisdiction over those aspects of the case involved in the
appeal. Griggs v. Provident Consumer Discount Company, 459 U.S. 56, 58 (1982); Hill v.
Executive Office for United States Attorneys, 2017 WL 5079146 (W.D. Va. 2017). Under these
circumstances, this Court has no jurisdiction over this matter and, consequently, denies all
pending motions (Dkt. Nos. 21, 24, 25) without prejudice.

-1-

AND IT IS SO ORDERED.

United States District Judge

May~' 2018
Charleston, South Carolina

-2-